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EAST FLORIDA 

AS A BRITISH PROVINCE 

1763-1784 



BY 
CHARLES LOCH MOWAT 



UNIVERSITY OF CALIFORNIA PUBLICATIONS IN HISTORY 

Volume 32 



UNIVERSITY OF CALIFORNIA PRESS 
BERKELEY AND LOS ANGELES 

1943 




Date Due 




UNIVERSITY OF CALIFORNIA 
PUBLICATIONS IN HISTORY 



VOLUME XXXII 



EDITORS 

R. D. Hussey 
D. K. Bjork 
F. J. Klingberg 
H. A. Steiner 





JOHN MOULTRIE 

Lieutenant Governor of East Florida 

From an oil painting by Theus in the possession of Dr. J. Austin Ball, of Charleston, S. C. Repro- 
duced by permission of Br. Ball from a print lent by Dr. Eleanor Winthrop Townsend. 



EAST FLORIDA 
AS A BRITISH PROVINCE 

1763-1784 



BY 

CHARLES LOCH MOWAT 







/^j^^^^^^^^^^-* 3 ^' J?? 



UNIVERSITY OF CALIFORNIA PRESS 
BERKELEY AND LOS ANGELES 

1943 



University of California Publications in History 

Editors (Los Angeles) : E. D. Hussey, D. K. Bjork, 

F. J. Klingberg, H. A. Steiner 

Volume 32, pp. ix -f 237, frontispiece, 1 map 

Submitted by editors February 19, 1942 

Issued December 31, 1943 

Price, $2.00 



University of California Press 

Berkeley and Los Angeles 

California 



Cambridge University Press 
London, England 



4 

/3J 



PRINTED IN THE UNITED STATES OF AMERICA 



PBEFACE 

What then did England gain by the honesty, the vigilance and wisdom 
of Mr. Pitt ; Canada, an almost barren province ; Florida, a sandy desert. 1 

The vebdict of a contemporary writer on the two principal acquisi- 
tions of Great Britain in the Peace of Paris in 1763 may seem 
strange, in the light of later events, in its reference to Canada, but 
has been justified by the long neglect of the history of the brief British 
regime in Florida. The history of East Florida, one of the two provinces 
created out of the territory ceded by Spain in 1763, is indeed the history 
of a small and insignificant colony whose growth was slow and whose 
return to Spain after twenty years was a confession of failure, albeit 
almost unnoticed in the passing, with the recognition of American inde- 
pendence, of the old colonial empire of Great Britain. Yet it deserves a 
little room in the history of that empire, and in the history of Florida 
perhaps a rather larger place. It is with this double interest in mind that 
this study has been written, though it has naturally been impossible to 
include many details of local and antiquarian importance which may 
perhaps receive attention elsewhere. 

In describing the life of East Florida it has seemed best to emphasize 
the distinction between its slow but normal growth as a British province 
in the years of peace preceding the outbreak of the American Revolution, 
and its somewhat hectic and abnormal state in the years of the Revolu- 
tion, which singed but did not consume it. The account is based mainly 
on the governmental sources which are described in the Bibliography, 
and suffers from the lack of all but a few records of the private and inti- 
mate sort. But even state papers had much of the spice of life and the 
pungency of strong personal feelings in the days of the eighteenth cen- 
tury, and some of this is still preserved in the yellowing paper and the 
faded ink of dispatches penned many generations ago. 

Since I was unable to revisit England before the present war began, 
I have necessarily relied on materials available in the United States, 
particularly the collection, wonderfully rich but far from complete, of 
transcripts and photostats of official British papers in the Manuscripts 
. Division of the Library of Congress, for which all American historians 
must be eternally grateful. To the Library of Congress, therefore, and 
particularly to Dr. St. George L. Sioussat, Miss Grace Griffin, and other 
members of the staff of the Manuscripts Division, I give my warm thanks, 



1 [John Almon], A Beview of Mr. Pitt's Administration (London, 1763), p. 5, 
quoted in Clarence W. Alvord, Mississippi Valley in British Politics, I, 84 n. 133. 

[v] 



vi Preface 

as also to other libraries in which I have worked and to their ever-helpful 
staffs. These include the Library of the University of California, Los 
Angeles, the Henry E. Huntington Library of San Marino, California, 
the Los Angeles Public Library, the William L. Clements Library of the 
University of Michigan and its curator, Dr. Randolph G. Adams, the 
John Carter Brown Library at Brown University in Providence, Rhode 
Island, and its librarian, Dr. Lawrence C. Wroth, the Harvard Univer- 
sity Library, the New York Public Library, the Charleston Library 
Society, the State Library and the archives of the Department of Agri- 
culture at Tallahassee, and Mr. and Mrs. E. W. Lawson of the St. Augus- 
tine Historical Society's Library. I am also very grateful to the officials 
and cooperating libraries of the inter-library loan system, without whose 
help this work could never have been carried out. 

My indebtedness to my colleagues in the department of History of the 
University of California, Los Angeles, is equally great. Professor Clinton 
N. Howard, from his interest in the history of British West Florida, first 
suggested to me the history of the sister colony as a subject for investi- 
gation, and has helped me throughout with his advice. Professor Joseph 
B. Lockey, distinguished son of Florida, who has made the second Span- 
ish period of Florida's history his own province, has been most generous 
to me with his encouragement and advice, has permitted me to use his 
collection of Spanish materials, and above all has opened for me the door 
to the friendship and hospitality of present-day Floridians, for all of 
which I cannot be too grateful. I am also happily indebted to my other 
colleagues, and particularly to Professors Roland D. Hussey, Frank J. 
Klingberg, Louis K. Koontz, and the late John C. Parish. Finally, for the 
valuable assistance provided by research grants I give my warm thanks 
to President Sproul and the Regents of the University of California. 

The association with people in Florida who are interested in the his- 
tory of the state has been one of the most pleasant products of this enter- 
prise. I have been helped particularly by the criticism and advice of Mr. 
Julien C. Yonge of Pensacola, veteran editor of the Florida Historical 
Quarterly, who has deserved so well of his state ; Dr. Mark F. Boyd of 
Tallahassee; the staff of the Fort Marion (Castillo de San Marcos) Na- 
tional Monument of the National Park Service at St. Augustine; Dr. 
Verne E. Chatelain of the St. Augustine Historical Program; Mrs. Sue 
A. Mahorner and the staff of the Florida Historical Records Survey, a 
part of the Work Projects Administration ; and Dr. Carita Doggett Corse 
of Jacksonville. To Professor Cecil Johnson of the University of North 
Carolina I am indebted for his kindness in letting me read the manu- 
script of his study of British West Florida, which was published while 



Preface vii 

this book was in press. Furthermore, I am grateful to an anonymous ex- 
pert of the American Historical Association for a severe but salutary 
criticism of my manuscript. 

Very great indeed is my debt to my American alma mater, the Uni- 
versity of Minnesota, where this work, in a very different form, was 
submitted in partial fulfillment of the requirements for the Ph.D. degree. 
No one who has not experienced it can appreciate the friendliness of the 
University and the warmth of the welcome and hospitality which it ex- 
tended to a newcomer from England. My obligations and my gratitude 
to former President Guy Stanton Ford, A. L. Burt, and other members 
of the History department can never be adequately stated ; but above all 
is this true of my debt to my counselor and friend, Professor Ernest S. 
Osgood, incomparable guide to the American scene and people, whose 
tales have brought back to life for me and many others the frontiersmen 
and crackers of other days. 

Certain passages have already appeared in my article on William 
Drayton in the Florida Historical Quarterly, XXII (July, 1943), 3-33. 

C.L. M. 
Los Angeles 

July 14, 1943 



CONTENTS 
The Years of Peace, 1763-1774 

CHAPTER PAGE 

I. An Old Debate Ended 3 

II. Government in an Infant Colony 14 

III. Without the Consent of the Governed 34 

IV. Peopling the Sandy Desert 50 

V. A Showing in the Tables of Trade 73 

The Years of the Revolution, 1774-1784 

VI. Governor Tonyn and the "Inflamed Faction" 83 

VII. "A little dirty Petitte Guerre" 107 

VIII. An Assembly at Last 125 

IX. "Great Expectations" and "Bleak House" 135 

APPENDIX 

I. Tables of Trade and Shipping relating to East Florida 153 

II. Acts of the First and Second Assemblies of East Florida. . . . 160 

III. Officials in East Florida 162 

Notes 167 

Bibliography 211 

Index 229 

ILLUSTRATIONS 

Portrait of Lieutenant Governor John Moultrie Frontispiece 

Map of East Florida 11 



[ix] 



THE YEARS OP PEACE 
1763-1774 



CHAPTER I 
AN OLD DEBATE ENDED 

When menendez de aviles founded St. Augustine in 1565 and 
brought to a bloody end the feeble French settlement of Lau- 
donniere at Fort Caroline, no English colonist had set foot 
upon the eastern shores of North America. For over a hundred years 
the Spaniards ruled over the swamps and pine barrens of Florida and 
Guale, the coast of Georgia, unhindered save by the raids of French 
corsairs and by the occasional hostility of the Indians. Drake's bold 
attack on St. Augustine in 1586 was prophetic of English activities in 
the future, but for a time it had no sequel. Spanish missions and settle- 
ments extended from the Bay of Tampa as far north as Santa Elena, at 
the southern end of Carolina's later coast line. From St. Augustine the 
Spanish trail led across the peninsula to the region of Apalache, with 
its missions clustered thickly around the presidio of San Luis, where 
later Tallahassee was to stand. The little harbor of St. Mark's sheltered 
the many ships which plied to St. Augustine and Havana, bearing rich 
cargoes from that corner of the Gulf Coast. 

From the founding of Charleston in 1670 there was to be no peace for 
Spain in Florida and Guale. The princely grant which Charles II made 
to his English courtiers ignored the thriving missions and settlements 
of Spanish Florida as it did the Spanish territories westward across the 
continent. Enterprising Carolina traders, journeying by overland trails, 
invaded the Spanish settlements up the Apalachicola and poisoned the 
minds of the Indians against their neighbors. Protestant missionaries 
along England's "southern frontier" were other standard-bearers of this 
imperial advance. Piratical attacks by sea soon made the missions of 
Guale untenable. Spain had recognized England's title to Charleston in 
1670 on the basis of actual occupation, but she was forced to contract her 
borders still further and leave the large area between the Savannah and 
the St. John's rivers as neutral ground, the "debatable land" of a century 
of international rivalry. Governor Moore's expedition from South Caro- 
• lina in 1703, when all but one of the Apalache missions were destroyed, 
was a blow from which the western part of Florida never recovered, even 
when, in 1718, a new presidio was established at St. Mark's. St. Augustine 
itself, though its fortress was impregnable, was not safe from attack. 
Small wonder that Florida remained nothing more than a military out- 
post, where the few Spanish soldiers and residents were permanently on 

[3] 



4 University of California Publications in History 

the defensive. Old plantations were abandoned; St. Augustine became 
notorious chiefly as the refuge of privateers and of escaped Negro slaves 
from South Carolina. Nor was the small population even self-supporting. 
Food must be brought in from Mexico or Havana, or from the French 
and British colonies; the cost of government was a charge upon the 
revenues of Mexico and the treasury of Spain itself. 

By the second quarter of the eighteenth century the lines of the great 
struggle for the mastery of the North American continent were drawn. 
British and French confronted each other on the borders of Nova Scotia 
and Canada, along the Mohawk and in the Ohio Valley : in the south, 
pioneers and traders had crossed the Alleghenies and challenged the 
power of France on the lower Mississippi. Equally a theater of this 
struggle was the Florida frontier, where the Spanish and British em- 
pires were face to face. The foundation of Georgia in 1733 was a new 
threat to Florida, for Georgia, carved out of South Carolina's large 
grant, included most of the debatable land of the previous decades. 
Georgia was to serve as a military outpost and buffer colony for South 
Carolina, and reduced the neutral ground to the strip between the 
Altamaha and the St. Mary's River, or even the St. John's, and the back 
country. Naturally, a diplomatic war between Spain and Great Britain 
ensued, and in 1739 the disputes over Georgia's boundaries, coupled with 
the matter of Jenkins' ear and various other grievances, brought on 
actual warfare between the two countries. Great Britain's far-reaching 
schemes at this time came almost to nothing. Oglethorpe twice attacked 
St. Augustine in 1740 with a considerable force, approaching by land 
and sea. His shells from Anastasia Island battered the town and made 
possible its occupation; but the fort remained uncaptured. Later, in 
1742, the Spanish invaded Georgia, but they in turn were driven back 
by Oglethorpe, and the whole war, in Florida as elsewhere, remained 
indecisive. 

In 1755 a new British threat to Florida appeared, none the less serious 
because unofficial. Edmund Gray, leader of an opposition faction which 
had been expelled from the Georgia Assembly in 1755, moved with his 
"gang" of some seventy or eighty persons, renegades from the back 
country of Virginia and the Carolinas, to the disputed land south of the 
Altamaha. Here in 1757, without any license from the crown, the squat- 
ters proceeded to set up a civil community under the name of New 
Hanover. Their principal settlement was on Cumberland Island, at the 
mouth of the St. Mary's River. Fearing obvious complications with Spain 
from such an action, Pitt, in 1759, ordered the settlers to be removed 
immediately. They made a show of departing, but soon returned, and 



Moivat: East Florida as a British Province, 1763-1784 5 

presumably remained on Cumberland Island even after war broke out 
between Great Britain and Spain. Of their later history .there is no 
record, though the tradition of "New Hanover law" remained to trouble 
British Bast Florida when it was created. 1 

In these circumstances, a British attack on Florida, to end all debate 
both over neutral and over recognized Spanish ground, might be ex- 
pected to be one consequence of the outbreak of war between Great 
Britain and Spain in January, 1762. Already the Seven Years' War, as 
a contest between Great Britain and France, had brought to an end one 
part of ^the struggle for empire in North America. Canada had sur- 
rendered to British arms, and by the end of 1761 a momentous decision 
had been made, that it should be retained in the peace treaty and not 
exchanged for Guadaloupe or some other West Indian island. A con- 
tinental empire rather than a sugar empire was the official choice ; the 
growth of American population made a continental empire more valuable 
as a market than the West Indies were as a source of supplies which Great 
Britain must import. 2 The capture of Havana gave Britain another 
valuable bargaining point, and Spain, to redeem the port, was quick to 
accept the claim to Florida, whose cession to the British crown was in- 
cluded in the preliminaries of peace signed at Paris on November 3, 1762. 3 

The final treaty between Great Britain, France, and Spain was signed 
at Paris on February 10, 1763.* Of France's possessions in the southern 
parts of North America Great Britain received Mobile and all the terri- 
tory east of the Mississippi save the town and island of New Orleans ; 
the boundary between British and French possessions was to be the 
Mississippi from its source to the river Iberville, thence following a line 
drawn along the middle of the Iberville and Lakes Maurepas and Pont- 
chartrain to the sea. Spain, in Article 20, ceded "Florida, with Fort St. 
Augustin, and the Bay of Pensacola, as w T ell as all that Spain possesses on 
the continent of North America, to the East or to the South East of the 
River Mississippi." The inhabitants of the ceded countries were promised 
the liberty of their Catholic religion. Spaniards and other subjects of 
the King of Spain were to be permitted to retire and to sell their estates 
(provided the sale was to British subjects), within eighteen months 
from the exchange of the ratifications of the treaty. Freedom was given 
to Spain to remove all effects, including artillery, belonging to His 
Catholic Majesty. The date for the British to enter into possession of 
Florida was fixed at three months, or sooner, after the exchange of rati- 
fications. By an agreement separate from the peace treaty France ceded 
Louisiana to Spain, and by thus surrendering all her remaining territory 

1 For notes to chap, i, see pp. 169-172. 



6 University of California Publications in History 

west of the Mississippi completed her withdrawal from the continent of 
North America. Out of the French and Spanish territory east of the 
Mississippi the British made the two provinces of East and West Florida. 
The former, the subject of the present study, consisted of the Florida 
Peninsula and the mainland west from the Atlantic coast as far as the 
Apalachicola River, and thus included the whole of the present state 
of Florida except for the northwest section in which Pensacola is situ- 
ated. Pensacola and Mobile, and the land between the Apalachicola and 
the Mississippi Delta, comprised West Florida. 

The parts of the treaty relating to Florida had a poor reception in 
England. Little was known of the country, and that little was not wholly 
complimentary. Pitt, in his great speech on the preliminaries of peace, 
delivered in the House of Commons on December 9, 1762, condemned 
the acquisition of Florida in return for Havana as a bargain which 
entirely denied the principle of reciprocity. With the fall of Havana, all 
the treasures and riches of Spain in America had lain at the mercy of 
Great Britain ; yet all these and the restoration of Cuba had been pur- 
chased by Spain with the cession of Florida alone. 3 Alderman Beckf ord 
compared Florida with Bagshot Heath. 6 A pamphlet claimed that after 
Havana's fall Spain was powerless to prevent the taking of Florida by 
British forces whenever they pleased; to exchange it for Havana was to 
take no advantage of Havana's capture. 7 The Gentleman's Magazine, 
after an encouraging account of Florida and its natural resources, sub- 
sequently characterized all the lands in the southern and maritime parts 
of North America as poor and mean, little more than "pine barrens, or 
sandy desarts. ,,s Wilkes used Florida's unpopularity as a means of casti- 
gating a rival journal. Under the name of "Viator" he wrote a letter to 
the Auditor praising Florida and suggesting that it might supply peat 
"to give comfortable fires to our cold, frozen West Indian islands." Then, 
in the North Briton, he mercilessly made fun of the letter and its state- 
ments, at one time damning both Florida and the hated Scots in the lines : 

When cold Jamaica sends for peat 
From Florida to roast her meat . . . 
Then triumph Scotland, thou hast won, 
England look to't — the charm's begun. 9 

Some there were, however, to praise the foundling. The Reflections on 
the Terms of Peace reminded readers that East Louisiana and Florida 
would have been difficult to conquer and had been highly praised when 
in the hands of others. Now that they were in British possession they 
were invidiously censured, though Florida was in the same latitude as 
Persia and might be expected to produce valuable commodities such 



Mowat: East Florida as a British Province, 1763-1784 7 

as silk. 10 Another work gave an imaginary talk between a Common Coun- 
cilman and a member of Parliament in which the acquisition of Florida 
was justified as completing Britain's command of the continent of North 
America from the Gulf of St. Lawrence southwards. It also removed the 
threat of Spanish incursions into Georgia. 11 This military argument was 
probably the strongest, and received the official support of General 
Amherst, commander in chief in America. Because of the advantages of 
St. Augustine Harbor as a base for operations against French commerce 
in time of war he recommended that a "Capital Settlement" be con- 
tinued there. 12 

Meanwhile, the British government was preparing to take possession of 
the ceded territories. Official intimation of the coming change in Florida 
was brought to St. Augustine on March 16, 1763, by John Carey, in 
command of H.M.S. Bonetta, bearing an account of the ratification of 
the preliminary articles of peace from the governor of South Carolina. 
A lieutenant, Mr. Sandys, carried the dispatches ashore and was very 
politely treated by the Spaniards. 13 Orders for the occupation of Florida 
and eastern Louisiana by some of the troops being evacuated from 
Havana were sent in April, 1763," to General the Honorable "William 
Keppel, brother of the commander of the expedition, the Earl of Alber- 
marle, and himself one of the divisional generals. His successful siege of 
Morro Castle had hastened the fall of Havana, and he had remained in 
command of the troops during the months that followed. He received 
the orders for the evacuation at the beginning of July, and directed 
Lieutenant Colonel Augustine Prevost of the 3d battalion of the Royal 
American or 60th Regiment to proceed to Pensacola, and Captain 
Hedges (or Hodges), with four companies of the 1st Regiment, then 
known as the "Royals" and later as the "Royal Scots," to go to St. Augus- 
tine to take possession of it. 15 

Hedges and his four companies were convoyed to St. Augustine by the 
Renown and took possession of the town on July 20, 1763. 16 Hedges' own 
report apparently never reached England, 17 but it is clear that the 
Spaniards made no difficulties in the delivery of St. Augustine. A letter 
from a Colonel Stephen of Charleston, written on October 4, 1763, men- 
tioned that the Spaniards had delivered St. Augustine with their national 
pomp and ceremony, desiring that military honors might be paid to the 
pictures of their king and queen, which was readily done. 18 A few days 
after his arrival Hedges was superseded by Major Francis Ogilvie, who 
arrived from Havana with his regiment, the 9th, on July 30, 1763. lfl 
Hedges' men were drafted into Ogilvie's regiment, and Hedges himself 
departed for England. 20 



8 University of California Publications in History 

Once in North America, the troops from Havana were under the com- 
mand of General Amherst, the commander in chief of British forces on 
the continent. To obtain information of the newly ceded territories, and 
to make the necessary disposition of the troops, Amherst sent one of his 
ablest officers, Lieutenant Colonel James Kobertson, then deputy quar- 
termaster general, to make a tour of inspection in St. Augustine, Pensa- 
cola, and Mobile. Robertson came by sea from New York, and reached 
the bar of St. Augustine on September 8, only to find, as innumerable 
travelers were to find in succeeding years, that it was impossible to get 
into the harbor, "the waves on it [the bar] running mountain height, and 
the wind blowing directly on the Shore ..." However, after two anxious 
days of waiting the bar was safely crossed, and Robertson stayed in the 
town until early October. His report, subsequently made to Major Gen- 
eral Thomas Gage, Amherst's successor, pictured a struggling little 
settlement, unproductive of any supplies save fish, and with the ground 
overgrown with weeds. With the Spanish governor and about half his 
garrison still in town, the finding of accommodation for the British 
troops was a serious and urgent problem. Most of the houses were at the 
time subject to hurried sales, and for their use, dilapidated though they 
were, exorbitant sums were demanded. Officers were quartered in private 
houses, the common soldiers in the fort, though in the warm September 
weather, which one day touched ninety degrees, they preferred to lie on 
the ramparts rather than in the suffocating rooms. 21 

The Spanish population of the town and district had, according to a 
census made by the Spanish governor at the time, comprised, with the 
garrison, 3,046 persons. 22 Almost all the men, by Robertson's account, 
were in the pay of the King of Spain, and all but half a dozen or so had 
decided to leave the country for Cuba. Indeed, the Spanish authorities 
used every means to persuade the Floridians to leave, not merely by im- 
pressing on them the risk to their religion under the British flag, but 
by offering them ample remuneration in land in Cuba for their losses in 
Florida. Don Juan Cotilla, a lieutenant colonel of engineers sent to assist 
in the evacuation, received instructions to this effect, and acted as a 
commissioner in the sales of property, making, so Robertson alleged, 
valuations favorable to the owners. 23 However, when Governor Feliu and 
the last contingent of families left St. Augustine on January 21, 1764, 24 
much property, both in land and houses and in effects, remained unsold, 
and by popular request eight Spaniards stayed behind to act for the own- 
ers when more British purchasers should arrive. 25 Later, on May 7, 1764, 
a Spanish agent, Juan Josef Elixio de la Puente, arrived from Havana 
with orders to dispose of the remaining properties. He was unable to do 



Mowat: East Florida as a British Province, 1763-1784 9 

this within the time limit set by the peace treaty, and made a fictitious 
sale of several town lots and some church property — including the Fran- 
ciscan convent, an unfinished church, and the Bishop's House — to two 
English subjects, John Gordon and Jesse Fish, transferring title to them 
with the understanding that they would protect the church property and 
dispose of the lots as they could and return the price to the original 
Spanish owners. One of the few Spaniards who stayed on in St. Augus- 
tine, Luciano de Herrera, was to transmit the proceeds to Havana. 28 
Meanwhile, the Spaniards had left almost to a man, even taking, so 
Eobertson reported, the bones of their late governor and of a number of 
saints to Havana. 27 

During this time of transition, which lasted just over a year, Major 
Ogilvie, as commanding officer at St. Augustine, was the virtual governor 
of the region. In certifying certain of the land sales he styled himself 
commander in chief of East Florida for the time being. 28 Amherst had 
given him this authority, writing that as there was no regular civil gov- 
ernment yet established, "it is the King's pleasure that you Do properly 
Exert that Authority under which you at present Act, to punish such 
Persons as shall Disregard His Majesty's Orders." 29 From the Board 
of Trade he received the Proclamation of October, 1763, on which he 
commented that at the time there were not in East Florida sufficient 
inhabitants for the calling of an assembly or the formation of a council. 30 
In truth his task was simple compared with that of his colleague, Murray, 
during the years of the military occupation of Quebec, or compared with 
the problems which had faced the military officers in Nova Scotia in 1713. 
The Spaniards were, in Gage's phrase, troublesome guests while they 
stayed, but their departure ended the differences in law, language, and, 
for the time at least, in land ownership. Ogilvie's greatest troubles came 
in attempting to live up to his position by "keeping a table," in order to 
repay the hospitality of the Spanish governor and to entertain gentlemen 
who came to look at the new colony. 31 Years later, when the Spaniards 
returned to East Florida, the governor, Zespedes, complained of Ogilvie's 
conduct in 1763, adding ". . . God deliver me from remembering what 
was practised then." Others echoed the charge of impolitic conduct and 
blamed Ogilvie for the departure of the entire Spanish population. 33 But 
their removal was fostered by the Spanish authorities themselves, and 
there is nothing else to suggest that Ogilvie was not adequate to his task. 

The last Spanish post in East Florida to be occupied by the British 
was St. Mark's, Apalache, some two hundred miles west of St. Augustine, 
across the Florida Peninsula, and situated a short distance from the sea 
at the confluence of the rivers now called the Wakulla and the St. Mark's. 



10 University of California Publications in History 

A company of the 9th Regiment, commanded by Captain James Harries, 
was sent from St. Augustine by sea, under orders from Colonel Robert- 
son. After an enforced detour to New Providence in the Bahamas it 
reached Apalache in November, 1763, but failed to take possession of 
it, and went on to Pensacola to overtake Colonel Robertson and obtain 
some "necessaries for defence" from him. As the colonel had already left 
Pensacola for Mobile, Harries was forced to wait until his return, and 
then sailed from Pensacola on December 30. On this voyage back to 
Apalache the party ran into a serious storm on January 6 and 7, 1764, 
and saved the ship only by cutting down the mast and throwing over- 
board provisions, baggage, arms, and ammunition. After this disaster 
they limped back to Pensacola, but returned and finally took possession 
of the post on February 20, 1764. 33 

Meanwhile the British government, deliberating on the future of 
Florida in connection with the new imperial problems of continental 
scope posed by the Peace of Paris and the withdrawal of the French from 
the country east of the Mississippi, had decided to divide the territory 
into two provinces, East and West Florida, and had appointed civil 
governors for each. The new policy, embodied in the Proclamation of 
October 7, 1763, aimed to secure a peaceful frontier by creating a vast 
Indian reserve west of the Appalachians, held by a few military posts 
and controlled in matters of trade and otherwise by the British military 
authorities. Prospective settlers were to be drawn off, as far as possible, 
into Nova Scotia, Quebec, and the Floridas, and for their encouragement 
civil governments of the usual colonial pattern were immediately to be 
set up in Quebec and East and "West Florida. Some of the details were 
worked out by the Board of Trade in the summer of 1763, with the help of 
written and oral advice which it received from various sources. 3 * 

The division of Florida and the colonization of the country on the 
"Southern Frontier" rather than land in the heart of the continent were 
particularly recommended in an important document transmitted to the 
Board of Trade, with sundry other papers, in May. This paper, "Hints 
relative to the Division and Government of the conquered and newly 
acquired Countries in America," which has been called by its editor "the 
key document in the series which culminated ... in the proclamation of 
October 7, 1763," was perhaps the work of Henry Ellis, formerly gov- 
ernor of Georgia. 35 Information about Florida's soil and climate and 
potential products came from William Knox, who had been in Georgia as 
a planter, councilor, and provost marshal and who was subsequently 
to have considerable influence on the development of East Florida, as 
its first crown agent and as undersecretary of state for American affairs 



Mowat: East Florida as a British Province, 1763-1784 



11 




EAST FLORIDA 

Based on the "General Map of the Southern British Colonies in America . . . from the 

Modern Surveys of Engineer de Brahm ... by B. Romans, 1776," 

in American Military Pocket Atlas (1776) 



from 1770 to 1782. 38 Further advice came from Maurice Morgann, the 
confidant of the Earl of Shelburne, who was then president of the board, 
and from John Pownall, for long its indefatigable secretary. 37 

The northern boundary of East Florida first recommended by the 
board was from the mouth of the St. John's River on the Atlantic coast 
west to the "Catahowche or Flint Rivers," whence the line would run 



12 University of California Publications in History 

south to the mouth of the "Catahowche" on the Gulf coast. The old de- 
batable ground between the St. John's and the Altamaha would thus be 
annexed to Georgia. 33 Against this decision the newly appointed governor 
of East Florida, James Grant, protested in a memorial in which he 
argued that it would give to Georgia the most valuable part of the terri- 
tory ceded by Spain and would make Florida seem a very inadequate 
return for Havana; what would remain was merely "that Barren, 
Broken, Sand Bank which it [the province] has been eroneously deem'd 
by the uninform'd Public." Such a province would attract no settlers 
and would be merely a heavy burden on the mother country. He recom- 
mended that its northern boundary should be the St. Mary's River from 
its mouth to its source, and thence west to the "Catahowche" or Flint 
River. 39 William Knox and the author of the "Hints" had already recom- 
mended this, and the suggestion was accepted and incorporated in the 
proclamation when it was issued. 

Promulgation of the policies regarding the ceded territories and North 
America generally was accelerated by the news of the conspiracy of 
Pontiac and the resultant need of a definite statement of the govern- 
ment's intentions. The Proclamation of October 7, 1763, declared that 
the King had issued letters patent to erect the four governments of 
Quebec, East Florida, West Florida, and Grenada, and defined the 
boundaries of each. Those of East Florida were to be : the Gulf of Mexico 
and the Apalachicola River on the west ; on the north a line from the 
Apalachicola at the point where the "Chatahouchee" and Flint rivers 
meet to the source of the St. Mary's River, and thence, the course of that 
river to the Atlantic ; on the east and south the Atlantic Ocean and the 
Gulf of Florida, including all islands within six leagues of the coast. 
The proclamation also promised to the inhabitants of the new provinces 
the benefit of the laws of England, and empowered the governors and 
councils to call assemblies, set up courts of law, and make grants of land 
to settlers, with special terms for former men of the army and navy. The 
other parts of the proclamation, including the famous "proclamation 
line" limiting western expansion, and the provisions for Indian trade 
and against the purchase of Indian lands by private persons whether in 
the new colonies or the old, were of less immediate consequence for East 
Florida. 40 

Thus was the province of East Florida born. Its first governor had 
already been appointed." James Grant came from Ballindalloch, Banff- 
shire, where his brother, Colonel William Grant, whom he later suc- 
ceeded, was laird. He had studied law, but took a commission in the army 
in 1741, and was with the 1st battalion of the 1st Regiment in Flanders 






Mowat: East Florida as a British Province, 1763-1784 13 

and at the Battle of Culloden. He came to America in 1757 as major in 
the newly raised 77th Regiment, the Montgomery Highlanders, and took 
part in the expedition against Fort Duquesne in 1758, where he was sur- 
prised by the French while in command of a reconnoitering party and 
was taken prisoner ; he was exchanged a year later. Subsequently, he saw 
service in the Cherokee war so long waged by South Carolina, and served 
also in Canada. In 1761 he returned to South Carolina to lead the final 
expedition which succeeded in subduing the Cherokees. This experience 
not only fitted him well for the appointment to East Florida by giving 
him first-hand knowledge of the southern Indians and of the southern 
colonies, but it also brought him into contact with some of the leading 
men of South Carolina, including John Moultrie and Henry Laurens, 
whom he later induced to help in the development of his province. In 
1762 he took part in the successful expedition against Martinique, and 
accompanied the troops of that campaign from there to Havana, which 
they reached in time to assist in the siege. By 1763 he was back in London, 
when his appointment as governor was announced. 42 



CHAPTER II 
GOVERNMENT IN AN INFANT COLONY 

TpE firing of guns in salute broke the stillness of St. Augustine, as 
it drowsed in the steady sunlight of a summer day. It was August 
29, 1764, and Governor Grant was landing from the Ferret sloop 
which had brought him from England. The usual festivities which 
greeted the arrival of a new colonial governor might be lacking, but with 
the salute at least the little capital made him welcome. 1 The populace of 
St. Augustine, had it mustered on the Parade which ran back from the 
harbor and formed the public square, would hardly have consisted of 
more than a few score persons : Major Ogilvie and the officers of the 9th 
Regiment, a few gentlemen on a visit to size up the new province, some 
humbler settlers, and two or three Spaniards. The troops of the regiment 
were the only large body of men in the province. 

From such materials a government could hardly be formed, and Grant 
was obliged to delay his inauguration for several weeks, although his 
instructions ordered him on his arrival to have his commission pro- 
claimed and to establish his Council from among the most considerable of 
the inhabitants. 2 He had invited from Georgia and South Carolina one 
or two men whom he intended to appoint to official positions, and he had 
written to others, who would, he hoped, visit the country, promising 
them seats on the Council as an inducement to make the journey. 3 

It was not till October 31, 1764, that he was ready for his inauguration 
and the actual establishment of the civil government. On that day his 
commission as governor was published : 

. . . with all due Solemnity at the Head of the Garrison, by the Clerk of the Council, & 
Sherriff of the said Province. In the presence of the Chief Justice, The other Officers 
of the Crown, attended by many other Gentlemen of Distinction. The Great Guns 
from the Fort were fired off, and the Salute continued by three Volleys from the 
Troops. 

After this the governor, with the chief justice and the other officers of the 
crown, repaired to the Council Chamber and formed "His Majesty's 
Council for East Florida."* It consisted of the chief justice, James 
Moultrie, his brother John Moultrie, John Dunnett, James Box, John 
Ainslie, Robert Catherwood, John Holmes, John Stuart, the superin- 
tendent of Indian affairs in the Southern District, and the surveyor 
general of the customs in America for the Southern District. 5 
1 For notes to chap, ii, see pp. 173-179. 

[14] 



Mowat: East Florida as a British Province, 1763-1784 15 

In this body the two Moultries were the outstanding figures. Their 
father, Dr. John Moultrie, had emigrated from Scotland in 1728 and 
settled in Charleston, where three of his sons, one of them General Wil- 
liam Moultrie, became leading supporters of the American cause during 
the Revolution. James Moultrie, the chief justice of East Florida, had 
been attorney general in South Carolina. John, the eldest of the family, 
whom Grant had come to know during the Cherokee campaign, was 
trained as a physician and received the degree of doctor of medicine from 
Edinburgh University in 1749, his thesis being Be Feore Maligna Biliosa 
Americae. He was a man of considerable wealth and became one of the 
largest planters in East Florida, as well as one of the pillars of its gov- 
ernment throughout its history. 8 In person he was described as possessed 
of great urbanity of manners and strength of mind. 7 Of the other mem- 
bers of the original Council, James Box, who became the first attorney 
general, had been a lawyer in Savannah. 8 John Ainslie and John Holmes 
came from South Carolina. 9 Robert Catherwood was a physician and had 
already been appointed surgeon of the military hospital at St. Au- 
gustine. 10 

With these members forming a quorum, the first meeting of the Coun- 
cil was held on the day of the inauguration, when the governor and coun- 
cilors were sworn in and the chief justice and the attorney general were 
given their commissions. David Yeats was appointed and admitted to the 
office which he was to hold throughout the province's history, that of 
deputy clerk of the Council. 11 

At later meetings in November further appointments were made, and 
the Court of Common Pleas and the Court of General Sessions of the 
Peace, Oyer and Terminer, Assize and General Goal Delivery were con- 
stituted by commissions of the governor. These courts administered the 
laws of England and shared the judicial bench of the province, which con- 
sisted of the chief justice and two unsalaried assistant judges. The former 
court was held in St. Augustine on the second Tuesday in January, April, 
July, and October and had jurisdiction in all suits and actions, civil and 
real, where the sum exceeded forty shillings, exercising the powers be- 
longing to King's Bench, Common Pleas, and Exchequer in England. 
The Court of General Sessions was held in St. Augustine on the third 
Wednesday in June and December and had jurisdiction over criminal 
cases corresponding to that of King's Bench, the Justices of Assize, and 
the General and Quarter Sessions of the Peace in England. The Commis- 
sion of the Peace, consisting of the councilors and four others as justices 
of the peace, was also published in November. The other courts of the 
province were all created later. 12 The Court of Chancery was constituted 



16 University of California Publications in History 

in October, 1768 ; the governor acted as chancellor, and the other officials 
of the court were a master in chancery and an examiner and register. 13 
The Court of Vice-Admiralty, with its own judge, register, marshal, and 
advocate general, was created in April, 1771." The governor's ecclesiasti- 
cal powers gave him the right to hold an Ordinary's Court, but, apart 
from the fees authorized for it, it is not clear whether it was ever held. 15 

The government thus formed remained under the charge of James 
Grant until July, 1771, when he sailed for England. 18 He had received a 
leave of absence in July, 1770, 17 upon inheriting the family estate at 
Ballindalloch on the death of his nephew, but he delayed taking advan- 
tage of it at the time lest, if there was a change of measures or men, "East 
Florida which I have taken so much pains about for seven Years would 
dwindle down to nothing." 18 Later, when the "Physical Gentleman" ad- 
vised a sea voyage to relieve him of a prolonged bilious condition, he 
availed himself of the leave, 19 though he did not resign the governorship 
until April, 1773. His later career was spent far from East Florida. He 
was elected to Parliament for the Wick Burghs in Caithness in 1773, and 
in the following year he was elected to represent Sutherlandshire. In 
1776 he returned to America with General Howe, and was in command 
of two brigades at the battles of Long Island, Brandywine, and German^ 
town. In 1778 he led the successful expedition against St. Lucia, and he 
later defended it against D'Estaing's attempt at its recapture. After the 
war, he was successively governor of Dumbarton Castle and Stirling 
Castle, and was four times elected to Parliament for Sutherlandshire. 
He had been promoted major general in 1777, became lieutenant gen- 
eral in 1782, and finally general in 1796. He spent his last days at 
Ballindalloch, where he died in 1806. He was known as a ion vivant, 
with a black cook and a fine cellar, and he became immensely corpulent. 20 

Until the arrival of Patrick Tonyn, Grant's successor as governor, in 
March, 1774, the government devolved on John Moultrie, first as presi- 
dent of the Council, 21 later as lieutenant governor, to which position he 
had been recommended by Grant. His appointment had been announced 
before Grant's departure, 22 but the commission did not arrive until later. 23 

During these years the "infant colony," as Grant often called it, grew 
slowly. By degrees its population rose to about three thousand, occupy- 
ing the northeastern corner of the province and mainly the land between 
the St. John's Eiver and the Atlantic coast. About two-thirds of the 
settlers, excluding Negroes and the Minorcans of the New Smyrna col- 
ony, lived in the tiny capital of St. Augustine, the sole town and seaport 
but adequate for the slender commerce of the province. The aspect of the 
town, so reminiscent of the Spanish Empire, changed little under the 



Mowat: East Florida as a British Province, 1763-1784 17 

British. The narrow streets lined with low coquina houses, their balconies 
overhanging the roadway, the shady square running down from the Gov- 
ernor's House to the bay, the massive yet graceful lines of Fort St. 
Mark's, the Castillo de San Marcos of Spanish days, which dominates 
the northern end of the town, all remained unaltered. Huddled on a 
narrow tongue of land, the whole town, about three-quarters of a mile 
long and a quarter of a mile broad, probably had little more than three 
hundred houses. The harbor, approached from the south by the long 
channel of the Matanzas River, which divided the mainland from Ana- 
stasia Island, or direct from the open sea across the dangerous bar in the 
channel between the northern tip of the island and the mainland, was 
itself well sheltered by the island and was small, though large enough 
for the two or three vessels which might be in it at a time. Behind the 
town and across St. Sebastian's Creek the land stretched away endlessly 
(or so it seemed as seen from the belvedere in the governor's garden), a 
flat expanse of green pine barren relieved by an occasional swamp or 
savanna. 

The public buildings were all inherited from the Spanish regime. Vari- 
ous additions and repairs were made to the Governor's House, and to one 
of the Spanish churches which became the parish church of the Church 
of England. In 1772 the old Spanish hospital in the center of the town 
was reconstructed as a courthouse and jail, and a little later the old 
Bishop's House, which, with the Franciscan convent, Grant had taken 
over as public property despite its supposed sale by the Spaniards, was 
partially reconstructed as a statehouse. The old Indian church on the 
outskirts of the town served after 1770 as the military hospital. 

Apart from the military officers and the higher government officials 
who formed the elite of the local society, the populace was made up of 
small traders and artisans and the minor government officials. Municipal 
institutions were lacking, though a school, a bathing-house, a market and 
a slaughtering-pen were maintained at public expense. The tedium of 
life in such a remote outpost was somewhat relieved by the generous 
hospitality of the bachelor governor, Grant, and by balls and assemblies 
at which the lieutenant governor's lady took first place in an order of 
precedence which was rigidly insisted on. The brief stay in town of Gen- 
eral Haldimand, in command of the Southern Brigade, provided the 
occasion, perhaps, for a good deal of entertaining, and later, in 1771, the 
presence of the "Music" or military band of the major of brigade made 
it, by Grant's account, "the gayest Place in America, nothing but Balls, 
Assemblies and Concerts." But in general it had more of the attributes 
of a disorderly garrison town, a purgatory for the "remittance man" and 



18 University of California Publications in History 

the struggling petty official, "where Luxury and Debauchery reigned 
amidst scarcity" and "the small Number of Females occasioned much 
Divisions and Irregularity." 24 

In this setting the government of the province, though miniature in 
scale, followed the normal colonial pattern of the eighteenth century, 
except that there was no General Assembly and the official expenses were 
provided for by a British subsidy. The governor, occupying his "vice- 
regal" position, had great powers within the province, but some were 
shared with the Council and all were limited by his commission and in- 
structions and by the necessity of keeping in constant correspondence 
with the authorities in Whitehall, particularly with the secretary of 
state for the Southern Department (latterly the secretary for American 
affairs), and to a less extent with the Board of Trade. 25 

Letters conveyed across the Atlantic by the regular but unhasting 
service of His Majesty's Post Office were indeed leisurely in their jour- 
neys, seldom taking less than two months and often as many as six, but 
they, or their duplicates, were certain to arrive in their own good time. 
East Florida was a part of the southern postal district organized in 1764 
under a deputy postmaster general at Charleston. Service from England 
was at first given by the monthly packets from Falmouth to the West 
Indies, which continued their voyages to Pensacola, St. Augustine, and 
Charleston, but this route was too slow for Charleston, and after the loss 
of the Grenville Packet Boat off the Tortugas in the spring of 1765, and 
sundry delays caused by the incorrigible bar of St. Augustine, the boats 
were sent direct to Charleston, which in 1768 received a direct service 
from England, independent of that to the West Indies. Under this 
arrangement, the mail for Savannah and St. Augustine was sent over- 
land from Charleston by express, on a hazardous journey which seldom 
took less than twenty-one days for the round trip and often delayed the 
return sailing of the packet from Charleston. Moreover, the express 
waited only two days in St. Augustine before beginning the return 
journey, little enough time, probably, for the governor to compose an 
answer to some weighty dispatch from the secretary of state. 28 

In the province itself the governor's power was emphasized by his 
custodianship of the seal. East Florida's, which had been drawn by the 
king's chief engraver to the Board of Trade's specification, bore on one 
side a representation of a fortified town and harbor, with the legend 
beneath, "Moresque viris et moenia ponit," and around the circumfer- 
ence the inscription, "Sigillum Provinciae nostrae Floridae Orientalis." 
The reverse bore the king's arms, crown, garter, supporters, and the 
motto "Geo : III Dei Gratia Magnae Britanniae, Franciae et Hiberniae 



Mowat: East Florida as a British Province, 1763-1784 19 

Rex, Fidei Defensor Brunsvici et Luneburgi Dux, Sacri Romani Imperii 
Archi Thesaurarius et Elector." 27 

Distinct from his normal civil powers were the governor's powers as 
vice-admiral, derived from a commission issued by the Lords Commis- 
sioners of the Admiralty. 28 Such powers, including authority to com- 
mission privateers, were principally important in time of war. But even 
in peacetime communications by sea were of the highest consequence 
to a province as isolated as was East Florida from routes of land travel, 
and Grant was eventually provided with an official vessel, the "East 
Florida schooner," comparable to the "scout boat" maintained in Georgia 
for communication with other provinces. The Treasury made an annual 
allowance of £315 for its purchase and upkeep. It was built at Phila- 
delphia in 1765. Its master at first was Adam Bachop, formerly a master 
in the navy. 29 It was put to a great variety of uses, at the governor's 
discretion : to carry presents and provisions to the Indian congress at 
Picolata in November, 1765 ; in journeys to Savannah and Charleston 
to bring back Indian presents, provisions, materials, and settlers; in 
carrying persons and provisions to New Smyrna ; in conveying troops 
and ammunition to New Smyrna after the riot there in 1768; and in 
taking David Yeats on a few weeks' cruise in 1769 for the sake of his 
health. 

Even in so small a province the governor was assisted by the usual 
complement of officials. These included those on the "civil establishment" 
whose salaries were provided for in the annual Parliamentary grant : 
the chief justice, the secretary and clerk of the Council, the attorney 
general, the surveyor general, the register, the crown agent, the pilot, 
the provost marshal, the receiver general of the quit rents, and the two 
clergymen and the two schoolmasters. The lesser officials, who were sup- 
ported by fees or by salaries from the "contingent fund" of the province, 
included the coroner, jailer, cryer of the courts, clerk of public accounts 
and keeper of the Indian presents, the clerk of the market, the public 
vendue master, the messenger of the Council, the man in charge of the 
fire engine, and various others. The customs officials and the naval 
officer belonged in a separate category. 

Most of the major and normally all of the minor officials were ap- 
pointed by the governor, though the major appointments were only 
temporary and needed confirmation at home. This, or a new appointment 
made in England, was signified by a mandamus under the royal sign 
manual and signet ordering the governor to commission the person 
named, or by a warrant which conferred the position outright; the 
"patent officers" of the latter class might send a deputy to exercise 



20 University of California Publications in History 

the office, as was sometimes done in East Florida. The governor had the 
power, with the consent of the Council, to suspend any official. The 
most notorious instance of the use of this power in East Florida was in 
the case of William Drayton, the chief justice, during the Revolution. 30 
There were, however, two other important instances. De Brahm, the 
eccentric surveyor general, was suspended by Grant in 1770. 31 Thomas 
Wooldridge, a hanger-on of the Earl of Dartmouth, who obtained suc- 
cessively and held concurrently the offices of provost marshal, fort adju- 
tant and barrack master in St. Augustine on the military establishment, 
and receiver general of the quit rents (a pure sinecure), was suspended 
by Moultrie in July, 1772, for leaving the province without obtaining 
the requisite permission. His friends in London, where he became Mr. 
Alderman Wooldridge, secured his reinstatement, but he never returned 
to the province, though he received his salary as provost marshal up to 
1773 (the office being exercised by a deputy) and as receiver general up 
to the last salary-roll of the province for 1784-1785. 32 

As head of the provincial government the governor also had some re- 
sponsibility regarding external affairs. Under Grant's governorship this 
involved keeping a watchful eye on the Spaniards at Havana, who, 
though they did not at this time enter into any conspiracies to regain 
their lost territory, continued to send their fishermen to the Florida 
Keys or the Bay of Tampa, where they salted and dried their fish on 
shore. They maintained huts and stakes all along the coasts and came in 
a fishing fleet of about thirty sail every year, staying from August until 
March. 33 Grant, though ordered to prevent such activities, hardly had 
the means to do so and was inclined to wink at them. In 1767 and 1768 
there was some alarm that the visits of the fishing vessels were leading 
to what might become a dangerous intercourse between the Creek In- 
dians and the Spaniards, but such fears proved ill-founded. 34 

With the Indians his dealings were more important and exacting. This 
responsibility was shared with the superintendent of Indian affairs in 
the Southern District, who from 1762 until his death in 1779 was John 
Stuart of Charleston. Stuart was, however, principally engaged during 
this period in negotiating the Indian boundary line southwards from 
Virginia 35 and in maintaining friendly relations between the British and 
the Indians in West Florida, the lower Mississippi, and the back country 
of Georgia and the Carolinas — the country of the Choctaws, Chickasaws, 
Cherokees, and Creeks. 38 In 1765 he put into effect an elaborate plan for 
the management of Indian affairs which had been worked out by the 
government in consultation with the Board of Trade and the two super- 
intendents, Stuart, and Sir William Johnson in the north. This plan, 



Mowat: East Florida as a British Province, 1763-1784 21 

which provided for stationing a commissary and other officials in each 
tribe and transferred all Indian affairs from colonial to imperial control, 
was never put into practice except in West Florida, and even there was 
largely abandoned in 1768 as part of the general policy of retrenchment 
adopted by the British government at that time. Stuart resided prin- 
cipally in Charleston and West Florida, and was in East Florida only 
once, for a brief period late in 1765, until the outbreak of the Revolution, 
though in his absence he kept up a correspondence with Grant. 37 

Grant was therefore left largely to his own devices in managing rela- 
tions with the Indians in his province, principally the Lower Creeks who 
resided in the country west of the St. John's, and over in the northwest 
section of the colony. He had a definite policy, based on his experiences 
in the Cherokee war, that of treating the Indians with kindness and 
relying on their honesty and sense of justice, smoothing over difficulties 
by negotiations rather than force and keeping friendship in good repair 
by the judicious distribution of presents, preferably at conferences, 
where their effect was greater than if they were given away at random 
to stray individuals or groups. " 'Tis a new system," he wrote, "which 
has never before been practised in any part of America, but I believe it 
will answer — the most intelligent Traders think so." 3s Yet even he and 
the traders whom he permitted to reside in the province were not above 
distributing rum to the red men on occasion. 

The first time this policy can be seen in practice was at the congress 
which Grant and Stuart held at Picolata, an outpost on the St. John's 
due west of St. Augustine, in November, 1765, to fix the Indian boundary 
- in East Florida. Provisions and a large supply of presents were sent 
ahead by water ; Stuart, Grant, and the official delegation came by land, 
accompanied by an impressive escort of officers, drummers, and fifty 
privates furnished by the 9th Regiment and the Royal Artillery. The 
proceedings were of the dilatory character associated with such con- 
gresses. 

They were held, according to the visiting naturalist, John Bartram, who 
chanced to be present, in a pavilion constructed of pine branches. Grant 
and Stuart sat at the back, behind a table. The chiefs assembled about 
one hundred and fifty yards in front of the pavilion in a column of sixes, 
flanked by two chiefs on one side carrying dressed buckskins, and two 
on the other carrying rattle boxes, and pipes dressed with eagle feathers. 
They marched forward with some dancing, singing, and shouting, but 
halted within twenty paces of the pavilion. The two chiefs with the pipes 
then came forward in a dance to the governor and superintendent, 
stroked their faces and heads with the eagle feathers on the pipes, and 



22 University of California Publications in History 

then retired. All the chiefs then entered by twos or fours, shook hands 
with the governor and superintendent, and took their seats, after which 
the dressed skins were presented to the two officials. The pipe of peace 
was then smoked by the governor, superintendent, and chiefs ; where- 
upon all was ready for the serious business of speechmaking. 39 

Stuart and Grant began with lengthy talks, asking the Indians to 
assign a district for the whites and promising facilities for the supply 
of blankets, ammunition, and other articles. An Indian, Sempoyaffe, 
speaking for the young lieutenant, complained of encroachments on In- 
dian lands in Virginia and of the high prices of goods. Tallechea and 
Captain Aleck offered to cede a very limited area, but refused to guar- 
antee the safety of whites and cattle straying across the line. Thus two 
days passed with nothing accomplished. In private, however, Grant and 
Stuart won over some of the leaders and young men by promises of 
presents — none had yet been distributed — in return for a larger cession 
of territory. Finally on Sunday, November 17, Tallechea and Captain 
Aleck declared they would give what the governor desired, and on the 
next day a treaty was signed. Afterward various chiefs were presented 
to Grant by Stuart, and received silver medals, which the British, like 
other European powers, gave both to natter and to win help from the 
various Indian leaders. Tallechea, Estime, and Captain Aleck were made 
Great Medal Chiefs; Sempoyaffe, Wioffke, Latchige and Chayhage Small 
Medal Chiefs. Meanwhile the guns of Fort Picolata were discharged, 
and this was repeated by the guns on the East Florida schooner. "With 
this the congress closed. 40 

The treaty, signed by Grant and Stuart on behalf of King George III 
and by the headmen of the different village-groups of the tribe (which 
were listed), established a "Perfect Sincere and perpetual Peace." The 
governor and superintendent promised to encourage proper Indian 
traders to promote Indian welfare; the Indians promised to prevent 
disturbances and to maintain justice. If an Indian killed a white man, 
he was immediately to be put to death in the presence of two English- 
men ; if a white killed an Indian he was to suffer as for the slaying of a 
white man and, if guilty of murder, was to be executed, in the presence 
of some relative of the murdered man if that was wished. Finally, to 
prevent disputes over encroachments, the boundary of the land ceded 
by the Indians was fixed to include all the seacoast as far as the tide 
flowed, all the country east of the St. John's River, and the country west 
of the St. John's confined by a line drawn from the entrance of the creek 
Achlawaugh into the St. John's River above the Great Lake and near 
Spalding's upper trading storehouse, to the forks of Black Creek at 



Mowat: East Florida as a British Province, 1763-1784 23 

"CollviU's Plantation," and thence to that part of the St. Mary's River 
intersected by a continuation of the line to the entrance of Turkey Creek 
into the river Altamaha. 41 

By this treaty there was gained for settlement a little piece of East 
Florida in its northeast corner, ridiculously small in comparison with 
the total area of the province on the map yet comprising the whole of 
East Florida, as far as British settlements were concerned. 42 In the main 
the line was respected, though it was never surveyed. Indeed, Grant 
advised against running the line on the grounds that the Indians, even 
if they had already consented, would feel it equivalent to making a new 
cession : "Let our Creek Friends Breath a little," he said, and later it 
would be possible to "kill two Dogs with one Stone," by getting additional 
territory whenever, at some favorable opportunity, the line was fixed. 
This delay was approved by the ministry. 43 

Grant was well pleased with the treaty, which he pointed out had cost 
less than was usual : the total expenses of the congress were £380/16/8%, 
though a recent larger meeting at Pensacola had cost £1,700. The work 
of the congress was really completed in December, 1765, when the Cow 
Keeper came to the capital with his family and attendants to the number 
of sixty, to make up for having missed the congress through sickness. 
The Cow Keeper was the headman at Alachua (or Lachaway), the In- 
dian town nearest St. Augustine on the road to Apalache. His little court 
reached St. Augustme on December 23 and stayed eight days. Grant 
made him a Great Medal Chief and loaded him with presents and pro- 
visions. 44 

Grant called a second congress with the Lower Creeks in 1767, to con- 
firm his friendliness toward them and to give them presents. It met at 
Picolata from November 21 to 23, and dispersed in an atmosphere of 
cordiality 45 after the Indians had promised to give satisfaction for the 
murder of two men in an isolated attack the previous September by a 
party of Indians at a place near Jeremiah Wilder's house on St. Mary's 
River. The attack was in revenge for a whipping administered to these 
same Indians when caught horse-stealing, and the murder was eventually 
atoned for by the death, at the hands of the Indians, of one of their num- 
ber who was said to have incited his two young nephews to commit the 
original crime. 48 Later, in December, 1768, Grant was called on to tackle a 
more awkward problem raised by the murder of a young Indian near St. 
John's River by two "crackers." The bereaved father came to town to 
complain, going straight to the governor's house without speaking to 
anyone on the way. Grant gave him meat and drink, pipes and tobacco, 
and kept him contentedly in a room while he sent a constable and party 



24 University of California Publications in History 

to apprehend the two men whom he suspected of committing the deed. 
They were brought to town and put in the jail "before any mortal in 
this little place, heard that an Indian had been Murthered, this sort of 
expeditious measure, will I think prevent the American Hunters, from 
playing such a Trick again." One of them turned king's evidence, where- 
upon the other was convicted and later executed in the presence of sev- 
eral Indians, including the father of the murdered boy. 47 Good relations 
were thus preserved, and in a time of scarcity next year Grant reported 
that he seldom had less than fifty Indians in town to feed with bread and 
rice and corn and was shortly expecting the Chihaw king, with his fam- 
ily and attendants to the number of at least five hundred, on a begging 
visit.* 8 

A major threat of war came early in 1774, shortly before Tonyn's 
arrival. Georgia was threatened with hostilities on the part of the Creeks, 
and letters from Stuart and from Sir James Wright, governor of 
Georgia, caused the Council to meet four times in February to discuss 
the province's defenses. A proclamation was issued on the fifteenth for- 
bidding trade with the Creeks; a letter to the commanding officer re- 
quested detachments for St. John's River and an inspection of the state 
of the fort at Picolata by the engineer ; a troop of rangers was formed, 
and expresses were sent with arms to the different parts of the province. 48 
However, the danger passed, and the new governorship was inaugurated 
peacefully. The Oconee king and some of his followers attended Tonyn's 
inauguration and were greatly impressed, and several Indians who 
arrived too late for the ceremony, including the Cow Keeper and Long 
Warrior, heard a friendly talk from the new governor on March 13, 
1774. M 

In carrying out his policy, Grant had very little assistance. Alexander 
Skinner, who was keeper of the Indian presents, was sometimes of 
service. The help of traders and interpreters was called upon as needed, 
for example to carry talks to the Indians, and was paid for out of the 
fund for Indian presents. Black Sandy, an Indian interpreter, received 
an annual allowance from 1769 to 1776. For the supply of presents Grant 
depended on the home government, which sent out a large assortment 
in 1764 and another large consignment, valued at £604, in 1766. In 1771 
William Knox, the recent crown agent, observed that the money granted 
by Parliament for the Indian presents was habitually underspent, and 
suggested that it be withdrawn and Indian expenses supported, when 
necessary, by the contingent fund. This was done in 1771, but the sepa- 
rate allowance was restored next year. 51 

In addition to providing for the purchase of presents, the annual fund 



Mowat: East Florida as a British Province, 1763-1784 25 

granted for that purpose served the governor's Indian policy in other 
ways. Some of it was spent on provisions issued to groups of Indians 
on their fairly frequent visits to St. Augustine : mainly rice, flour, beef, 
rum, and tobacco. Some money went for the expenses of interpreters 
and expresses ; some for such expenses as that of capturing the two white 
murderers of an Indian in 1768 ; some for a party of rangers employed 
in 1774 when the Indian war threatened. The cost of the Indian ferry 
over St. Sebastian's Creek, just outside St. Augustine, and of the ferry 
at Picolata, was regularly borne by the Indian fund. 52 

Regulation of the Indians implied and indeed demanded regulation 
of the Indian traders. Under the Proclamation of 1763 they were obliged 
to obtain licenses from the governors, but no list of the licenses issued 
in East Florida has been discovered, nor any table of regulations. Almost 
the only official act recorded is a proclamation by Governor Tonyn on 
December 27, 1774, revoking all licenses and requiring new ones to be 
taken out under new conditions agreed on at an Indian congress at 
Savannah. 53 The shipping returns show that a few consignments of 
skins were sent out of St. Augustine, though it is clear that most of the 
trade from the province passed through Augusta, the great center of 
the trade in the South, or came directly to Savannah or Sunbury in 
Georgia. 54 

The number of licensed Indian traders in the province was in any case 
small ; only five in 1765, according to Grant. Each had his store or stores 
in specified Indian villages or at designated sites. These five were ap- 
parently Burgess, an express-rider who had a store at Puckanawhitla ; 
M' Alley ; a Dutchman, Barnet, who had a store west of the St. John's 
on the road to Apalache; Wilson, one of the local merchants of St. 
Augustine, who had a store at Clement's Bluff high up the St. John's; 
and James Spalding. Spalding lived on St. Simon Island near Frederica 
in Georgia and was the senior member of the firm of Spalding and 
Kelsall, which had several trading houses in East Florida, particularly 
"Spalding's lower store" and "Spalding's upper store" on the St. John's 
River. 55 William Bartram, on his journeys up the St. John's in 1774, 
mentioned Spalding and Kelsall's store (apparently the lower store) 
as the distribution point for three more distant trading houses and the 
center to which these trading houses sent their returns for shipment to 
Savannah or Sunbury and thence to Europe. These three trading houses 
apparently were the upper store and two posts established that summer 
at Alachua and at Talahasochte on the Suwanee River. Bartram was very 
cordially received and entertained by the company's agent, Charles Mc- 
Latchy, and recounted the visit of the Long Warrior and some of the 



26 University of California Publications in History 

Lower Creeks to buy blankets, shirts, and paint on credit for a warlike 
expedition against the Choctaws ; it was with difficulty that they were 
persuaded to modify their demands and make a down payment of half 
the price of what they took. The upper store, which he also visited, was 
in charge of a North Carolinian, Job Wiggens, and his Indian wife. 
Bartram also accompanied a party led by an "old trader" to Cuscowilla 
and Talahasochte, where favorable trade relations were established. 58 

The best-known firm of Indian traders in East Florida was that of 
Messrs. Panton, Leslie and Company. The head of this firm, William 
Panton, had lived at Charleston as partner in the Savannah firm of 
Moore and Panton, but moved to St. Augustine at the time of the Revolu- 
tion and organized the firm of Panton, Forbes and Company in asso- 
ciation with Thomas Forbes. After the return of the Spaniards, the 
successor, Panton, Leslie and Company, received a special concession 
from the Spanish government to continue its Indian trade, and carried 
on its activities on a large scale, principally in West Florida. 57 

Indian relations were, of course, in part a military problem, and in 
East Florida the military power loomed large in everyday life. After 
the British government had decided, in 1763, to maintain an imperial 
military establishment in North America, with its headquarters in New 
York, troops were distributed in large or small detachments in the west- 
ern posts and in the new provinces, leaving most of the older colonies, 
which were naturally apprehensive of the power of the sword when left 
in imperial control, unaffected by the presence of a garrison. St. Augus- 
tine was from the start one of the military stations, 58 and in normal times 
had an establishment consisting of one regiment of infantry, a company 
of the Royal Regiment of Artillery, members of the "civil branch" of the 
ordnance, specifically a surgeon, an ordnance barrack master, a store- 
keeper, a "clerk of the survey and cheque," an extra clerk, carpenters 
and a blacksmith, one or two engineers of the corps of engineers, and the 
garrison staff consisting of the surgeon of the garrison hospital and his 
mates, the fort adjutant and barrack master, the chaplain (an absentee 
in this case) and the commissary for stores and provisions. Owing to the 
high proportion of absentees among both the officers and men, the regi- 
ment's strength in St. Augustine was usually only about two hundred ; 
in addition, one of its companies was usually stationed at New Provi- 
dence, and small detachments were maintained at the outposts in the 
province itself, Apalache, Picolata, Mosa, Matanzas, the lookout on 
Anastasia Island, and New Smyrna. 59 The first five of these outposts were 
all inherited from the Spaniards. Mosa, a redoubt of turf on marshy 
ground two miles north of town, was manned by a sergeant and twelve 



Mowat: East Florida as a British Province, 1763-1784 27 

men until dismantled in 1775. Matanzas, a coquina tower, which is still 
standing, lay about fourteen miles to the south on a marshy island com- 
manding the southern entrance to the Matanzas Eiver and had a guard 
of some half-dozen men. Picolata, another coquina tower, had a guard 
of eight until abandoned in 1769. The lookout was not armed and was 
manned by two privates and an artilleryman. 60 At New Smyrna there 
was no fort, but a guard of some twenty men was kept there after the 
riot in 1768. Apalache, the most desolate outpost, and nearly two hun- 
dred miles from St. Augustine, was manned by a company and a few 
supernumeraries. It suffered much from sickness, inadequate food and 
water supply, and the difficulty of provisioning it, and was abandoned 
in 1769 after being seriously damaged in a hurricane in October, 1767. 81 

It was probably just as well that a province so lightly held was never 
exposed to military danger. Yet for a time plans were laid greatly to 
expand the body of troops maintained at St. Augustine. The Southern 
Brigade, of which East Florida was a part, had its headquarters at 
Pensacola. In 1768, as part of the general policy of retrenchment in 
imperial expenses, the British government decided to reduce the troops 
in North America and to redistribute them, making St. Augustine the 
main station in the Southern District and the headquarters of the bri- 
gade, where a force of nearly three regiments would be concentrated, 
two for use wherever needed in an emergency. The decision, reached 
after much preliminary discussion and concurred in by General Gage, 
the commander in chief in America, was surprising in view of the no- 
torious difficulty of bringing ships into St. Augustine and the inadequacy 
of existing quarters to accommodate even the single regiment stationed 
there. Pensacola, however, was more remote from New York, also lacked 
adequate barracks, and had a bad record of strife between civil and mili- 
tary authorities. Charleston and Savannah, either an obvious choice, 
were ruled out by political considerations. 62 

The plan, however, was not carried into effect. Brigadier General 
Frederick Haldimand, then in command of the brigade, did transfer his 
headquarters to St. Augustine, where he spent a year (April, 1769, to 
April, 1770) . He was called back to Pensacola by the threat of a Spanish 
attack from New Orleans, a danger resulting from the Falkland Islands 
dispute. One regiment, after the necessary shipping had been with 
difficulty obtained and the hazards of a hurricane and the bar sur- 
mounted, was transferred from Pensacola to St. Augustine; another, 
finding on arrival that it must camp out during the winter, availed itself 
of alternative orders to go on to Charleston, and only returned to St. 
Augustine late in 1769, when the 9th Regiment, which had been there 



28 University of California Publications in History 

since 1763, was belatedly sent home. Reinforcements sent to West 
Florida, and the diverting thither of a regiment intended for St. 
Augustine, further diminished the local garrison, which, however, had a 
total strength, in the summer of 1770, of six hundred and forty-one, made 
up of the 21st Regiment and six companies of the 31st. By this time the 
disposition of the troops decided on in 1768 had been changed, and a 
revised plan was adopted in which St. Augustine was to be the station 
for two regiments. This was put into effect for a time, though necessary 
shifts of companies or regiments, for instance the sending of the 31st to 
St. Vincent in August, 1772, to help put down the Carib insurrection, 
gave the province a garrison which was far from stable. After Septem- 
ber, 1773, it again consisted of a single regiment, the 14th, and the 
sending of a second regiment was tacitly abandoned after the outbreak 
of trouble in Boston. 63 

The relation of the governor to a force of this size, small in itself but 
large in proportion to the slight numbers of the civilian population, was 
ambiguous at the best. His commission as "Captain General and Gov- 
ernor in Chief" gave him power to levy, arm, and command all residents 
of the province to resist an enemy, to execute martial law when neces- 
sary, and to construct or dismantle forts and fortifications as judged 
necessary. But this did not give him the command over the regular 
troops, even though he was necessarily consulted frequently on military 
matters and maintained a regular correspondence with General Gage. 
In older colonies, such as New York, the uncertain relation between mili- 
tary and civil authority gave rise not only to constitutional problems, 
such as those regarding the provision of quarters and supplies, but also 
to ticklish questions of precedence and etiquette. In varying forms the 
problem existed in Nova Scotia, Quebec, quiet little New Providence, and 
elsewhere ; 01 it was particularly acute in West Florida, where the climax 
in a long series of disputes came when Governor Johnstone arrested the 
commandant at Pensacola for high treason and declared him cashiered 
under the terms of the Mutiny Act. 05 

In East Florida the situation never became so extreme. Grant's first 
attempt to assert the supposed military authority of which his own army 
rank made him particularly covetous was to request, on the day after his 
arrival, that Major Ogilvie send him an officer for the parole. Ogilvie 
demurred that Grant, as governor, did not command the troops, but was 
answered "that he would not have come out Governor of this Colony, if 
that affair had not been fixed in England ; & that if Colonels Fletcher or 
Tayler who are both Senior to him came out, he would command them." 60 
Ogilvie therefore yielded the point until he heard from General Gage ; 



Mowat: East Florida as a British Province, 1763-1784 29 

he and Grant had become friends during the expedition to Havana, and 
if the governor "liked the Feather," he might have it. 67 

Grant's triumph was short-lived. Gage replied that if he was really 
empowered to take command of the troops in East Florida, "the System 
proposed for the Military Affairs in America must be changed," and 
pointed out that Colonel Wilmot, governor of Nova Scotia, did not have 
the command there in spite of his military rank. 08 Grant humbly replied 
that he had no particular commission to command the troops in the prov- 
ince and had immediately given it up to Ogilvie on hearing that it was 
not intended. He reminded him, however, that the fort adjutant, chap- 
lain of the fort, barrack master, commissary of stores and provisions, and 
hospital surgeon were all, by their commissions, directed to obey orders 
from the governor, though they were on the military establishment. 69 
Meanwhile he wrote to the secretary of state, suggesting that he be given 
the local command in East Florida, with the senior officer still subject 
to the orders of the commander in chief, arguing that in a new country, 
where settlement was closely connected with the disposition of the troops, 
this was particularly desirable. 70 

In this he was also rebuffed, for the matter was regulated in all the 
colonies by the important orders of February 9, 1765, which were sent 
to Gage, Grant, and all colonial governors. 71 These stated that the orders 
of the commander in chief and of the brigadier general were supreme, 
but that, in the absence of specific orders, the governor and council 
might, for the benefit of the government, give orders to the commanding 
officer for the marching of the troops and regarding detachments, escorts, 
and other purely military services within the province. It rested, how- 
ever, with the commanding officer to see these orders executed, and to 
report them to the brigadier or commander in chief. The governor was 
to give the parole, and was to receive the returns of the troops, maga- 
zines, and fortifications, though these were to go also to the commander 
in chief and brigadier. And either the commander in chief or the briga- 
dier superseded the governor in his limited powers when actually in the 
province. 73 

Later a more serious quarrel, but personal rather than on matters of 
principle, developed between Grant and Colonel William Tayler of the 
9th Regiment, who for a time had been acting brigadier in Pensacola and 
returned to the local command in East Florida in 1767 with perhaps an 
exaggerated notion of his importance in comparison with the governor. 
Grant charged that Tayler failed to show him proper respect on the 
anniversary of the king's coronation, one of the "public days" when a 
salute was fired by the troops and the guns of the fort, after which the 



30 University of California Publications in History 

governor usually entertained "the Gentlemen of the Town and Army" 
at dinner. He also obstructed some devious schemes of Tayler's to aquire 
grants of land through third parties and, in a letter to Gage, accused him 
of a number of other delinquencies, including the employing of the troops 
upon his private works and leaving many of them "dirty, naked, irregu- 
lar & in Debt to their Officers." 73 Gage, hearing of this quarrel, took 
occasion to recall Tayler to New York on official business; 74 but there 
was some justice in Tayler's remark that Grant wanted to reduce the 
local commanding officer to the condition of a private officer, concerned 
only with regimental detail, leaving the troops as the mere bodyguard 
of the governor "in a mortified state of equality with the Militia of the 
Country." 75 

Normally, however, there was cooperation and cordiality rather than 
discord between the civil and military services, whether it was in the 
keeping of the peace with the Indians or in the use of the soldiers in 
road-building, or in the exchange of hospitality, for Grant was said to 
entertain the whole corps of officers in the course of every week. This 
cooperation stands out in connection with the finding of quarters for 
the troops in the cramped little capital. Although the fort was massive 
enough for defense, 76 it was not built to accommodate any large number of 
men, and the troops continued to be quartered in the Bishop's House and 
in private houses in the town. Grant offered the Franciscan church and 
convent for barracks, and Tayler accepted them and began the work of 
altering and expanding the buildings to serve as quarters for the men. 
The work was done without full authority from Gage and proved both 
costly and protracted, since most fittings had to be imported from New 
York, though the coquina from the quarries on Anastasia Island was used 
for the constructional work. Moreover, Haldimand, when in St. Augus- 
tine, expanded the plan on his own authority to include the provision of 
officers' quarters. As a result, the work, begun in August, 1767, was not 
completed until May, 1771, and Gage, harried by a frugal-minded govern- 
ment, had grounds for complaining, "I hope St. Francis Barrack is 
finished. I was drawn into a Scrape in that Affair, first by Coll 1 Taylor, 
and Afterwards by Gen 1 Haldimand, and I want to hear no more of it." 77 
Less protracted in the building, but also less durable, was the frame 
barracks constructed to accommodate the additional troops destined for 
St. Augustine in the new dispositions of 1768 and 1770. Orders for the 
frame, prefabricated in New York, were given, then countermanded, 
then restored in 1770, leading to the legend that the frame intended for 
St. Augustine was sent to Pensacola or, according to another version, 
vice versa. The three-story, E-shaped building, girt with piazzas and 



Mowat: East Florida as a British Province, 1763-1784 31 

adorned with a cupola and a large weather cock, was finished in August, 
1771, but was so flimsily constructed that there were soon complaints 
and the prophecy that "a good Gale of Wind may some night blow it 
away." 78 It was burnt down in 1792. 

In the piping times of peace, however, the governor had other respon- 
sibilities besides those of defense. Several of his instructions enjoined 
on him the duty of fostering the welfare of the established church, the 
Church of England, as well as protecting the public morals of his 
charge. 79 Nor was material assistance lacking. The civil establishment in- 
cluded the salaries of two ministers of the Church, one for St. Augustine, 
the other for St. Mark's, Apalache ; the "contingent fund" paid the par- 
son's house rent and also paid for repairs to the parish church ; the crown 
agent sent out a Bible, two Prayer Books, some communion plate and an 
altar cloth for the church. 80 The principal clergyman in the province, 
as well as a very active figure in its secular life, was the Reverend John 
Forbes, a graduate of Aberdeen University, who was appointed by the 
government to St. Augustine, his first cure, in 1763 on the recommenda- 
tion of the Society for the Propagation of the Gospel ; 81 he was in charge 
of the spiritual welfare of the province from his arrival in 1764 until his 
departure in 1783 for England, where he died soon afterward. The other 
clergy, appointed to St. Mark's but for obvious reasons never sent there, 
were of less heroic stature, and spent only short periods in East Florida : 
they were, successively, the Reverend John Fraser, who officiated at New 
Smyrna from 1769 until his death in 1772, the Reverend John Lead- 
beater, who was in St. Augustine as minister and schoolmaster from 
1774 to 1775, the Reverend John Kennedy, his substitute in both posi- 
tions, who was in St. Augustine for a few years from 1777, and finally 
the Reverend James Seymour, a refugee missionary from Augusta, 
Georgia, who was in the province in its closing years. 82 The Roman 
Catholic community of the Minorcans of New Smyrna was allowed to 
bring over two priests of its own faith, and the two Fathers (latterly 
only one, Father Camps), did noble work in New Smyrna, and in St. 
Augustine after the removal of the colony thither. They were hampered 
in keeping up communications with their spiritual superior, the Bishop 
of Santiago de Cuba, by the fact that British toleration for the Roman 
Catholics did not extend to the recognition of any foreign jurisdiction. 83 
An Anabaptist congregation of Negroes in St. Augustine holding services 
in a "cabin" in 1784 completes the religious roster of the province. 84 

The government also labored diligently for the intellectual welfare of 
the people by providing the salaries of two schoolmasters for the province 
at a time when education was still many years away from being a public 



32 University of California Publications in History 

charge in England. Two schoolmasters came out from England in 1765, 
but both had left by 1770, and teaching thereafter was apparently left to 
clerical appointees such as Leadbeater and Kennedy. The latter was on 
the salary roll of the province until June, 1785, but had certainly not 
officiated as a schoolmaster or minister for several years previously. An 
order of the Council mentioned writing and arithmetic, English, Latin, 
and Greek as the subjects to be taught. 85 

Lastly, the governor was bound to enjoy considerable influence from 
the social prestige attached to his office. Grant was nothing if not a 
bountiful host, and he used his hospitality to good effect. He "possessed 
the savoir vivre to such a degree, that upon hearing of any coolness or 
dissension between those about him, they were brought together at his 
table, (always well provided), and reconciled before they were allowed 
to leave it." 88 He began a plantation of his own, mainly, on his own show- 
ing at least, to set an example. He often advanced money from his pocket 
to pay artisans employed on public works, rather than make them wait 
till the contract was completed or give them bills on which they might 
not realize quickly or fully. He spent thirty guineas of his own on the 
exploration of Musketo Harbor and subscribed twenty guineas (at the 
head of the list, to set a good example) to the building of the road from 
the north. And he stood, in addition, as the general protector of the dis- 
tressed, whether local or foreign. An instance of this occurred in 1766, 
when a French vessel was wrecked near Apalache and some of its crew 
were killed by the Indians. Monsieur Viaud, one of the survivors, reached 
St. Augustine in a distressed condition. Grant provided shelter for him 
and paid for his board, passage to New York, provisions for the journey 
and for clothes, out of the contingent account of the province. 87 

Nor was his popularity merely with the gentlefolk of the province; 
with the tradespeople and artisans he was also in high esteem, witness 
this testimony in 1775, some years after his departure. At the time, a 
threatened attack made it necessary to repair the fort, but Mulcaster and 
Moncrief , the engineers, were without funds and Hewitt, the chief con- 
tractor, and others refused to work until assured of being paid. 

At last [wrote Mulcaster to Grant] Moultrie set them to work. Hewitt says lie has 
no objection, for the Lieutenant-Governor is a good paymaster. Humbert, the car- 
penter, the other day asked me if you were coming here. I asked him why. He said he 
had been told you had wrote me word that you would be here in the fall. I told him 
you had intentions of that kind, but did not now expect you, as there was so much 
disturbance to the northward. He replied it was a great pity, as the tradesmen would 
be disappointed, for they had all resolved to make a large bonfire and illuminate their 
houses as soon as you came ashore. But, for this man [Tonyn], he will absolutely ruin 
the Province ; for he pays no one, either for public or private work. Governor Grant's 



Mowat: East Florida as a British Province, 1763-1784 33 

bills were good ; he paid well ; to be sure he sometimes made hard bargains, but then 
he always paid people. Ay, if he was here, some good might de done for the Province ; 
but at present ... So much for Humbert. Ba 

A final picture of Grant is provided in the closing passage of the same 
letter of Mulcaster. In praising Captain Charles Fordice of the 14th, who 
was going with a detachment to Virginia and was carrying the letter, 
he wrote : 

He has for these two years past been one of a cabinet junto, consisting of the Padre 
and myself, where the state of the Province and its welfare has been duly considered. 
He of course is well acquainted with the characters, and had he been here in your 
time, I am confident would have been a frequent guest in the Print room, and a no 
small sharer of the wicked bottle. . . . The real situation of your old province, and 
your friends in it, you may learn from him every particular you wish to know, (for 
the junto has been seldom without pretty good intelligence). 89 



CHAPTER III 

WITHOUT THE CONSENT OP THE 
GOVERNED 

If in the general outlines of her government East Florida differed 
little from her elder sisters in the empire, there were nevertheless two 
ways in which her character as an infant or marginal colony was em- 
phasized, and in which she differed markedly from the normal pattern 
of colonial government. There was no General Assembly in the province 
until 1781, and the expenses of government were borne by an annual 
Parliamentary grant. The two things were of course connected : a popu- 
lation too small to have an assembly would hardly be able to raise the 
funds for the normal, and in this instance overstaffed, colonial govern- 
ment ; a population which did not pay taxes for its government could 
hardly complain if it was governed without its consent expressed in an 
assembly. Yet in this East Florida was peculiar though not unique at 
the time, and in constitution seems closer to some of the British crown 
colonies of the nineteenth and twentieth centuries than to a colony of 
the old colonial system. 

The comparative absence of political friction which resulted can be 
seen in the matter of the stamp duties. The distributor, Thomas Grahme, 
arrived and was sworn in late in 1765. 1 He met with no opposition, 
mainly, no doubt, because there were so few residents at the time, though 
Grant proudly wrote that "the Licentious Spirit, which has appeared in 
most of His Majesty's American Colonies, in opposition to an Act of the 
British parliament has not spread to East Florida." 2 How much he col- 
lected is not clear : the only sum recorded is £44/7/3 for stamped paper 
used in the secretary's office. He absconded on August 13, 1766, on pre- 
tense of business elsewhere, leaving private debts totaling £800 sterling 
in South Carolina, Georgia, and East Florida. 3 

Parliament's appropriation of money annually for the government of 
East Florida followed the precedent already established for infant col- 
onies, particularly if they were of military importance. Nova Scotia, that 
half-forgotten outpost, was supported for its first three decades by mili- 
tary expenditures, after 1750 by annual Parliamentary grants which in 
seven years amounted to £543,625/ Georgia was similarly supported, by 
grants averaging £20,000 a year before 1739, an annual subsidy of £3,000 
after the establishment of royal government. 5 In October, 1763, the Board 

1 For notes to chap, iii, see pp. 180-183. 

[34] 



Mowat: East Florida as a British Province, 1763-1784 35 

of Trade was asked by the Earl of Halifax, the secretary of state, to fix 
the salaries of the officials designated in the establishments of the four new 
colonial governments (the Floridas, Quebec, and Grenada) and to pre- 
pare the necessary estimates for Parliament in cooperation with the 
Treasury. Ultimately Quebec and Grenada were left to defray their 
expenses out of their own revenues, but estimates of the charges of the 
civil establishments of the Floridas were presented to the House of Com- 
mons by one of the members of the board who was in Parliament. This pro- 
cedure was followed year after year, any changes in the estimates being 
made by the board, sometimes at the request of the Treasury. 8 

The sum voted by Parliament for East Florida in 1764 was £5,700. 
West Florida received the same sum, Georgia £4,031/8/8, Nova Scotia 
£5,703/14/11. These grants were part of the total supplies of £7,712,562 
voted that year. The sum for East Florida was to be distributed as fol- 
lows : £2,700 for salaries, £1,000 for unforeseen contingent expenses, £500 
as an allowance for the encouragement of the culture of "Silk, Vines and 
other Articles of beneficial produce," £1,500 for purchasing a proper 
assortment of goods for presents for the Indians. 7 

These figures remained fairly constant throughout the ensuing years. 
The allowance for Indian presents was reduced to £1,000 in 1765 and 
remained usually at this figure. The £500 bounty for silk was dropped 
in 1767, but restored in 1769. Additions to the number of salaries pro- 
vided for also slightly increased the total grant in later years. After 1765 
Parliament also gave an annual grant to Senegambia, and in 1777 it 
began appropriating a small sum annually for the island of St. John 
(the later Prince Edward Island) , which had been unable to support its 
government, as anticipated, from the quit rents. 8 The annual grants for 
the subsidized provinces for sample years are shown in the table on 
page 36. 9 

In the annual estimates each estimate covered a single financial year, 
beginning on June 25. The first grant voted was for the year beginning 
June 25, 1763. For the handling of the sums of money involved each prov- 
ince had a salaried intermediary, the agent, sometimes called the crown 
agent or the provincial agent, and differing sharply, of course, from the 
agents or representatives which many colonial assemblies kept in Lon- 
don. The office of crown agent, forerunner of the crown agents of the 
British crown colonies of the twentieth century, appears first in 1759, 
when an agent was appointed for Nova Scotia by royal warrant. 10 The 
agents for East Florida were William Knox (1764-1770) ; Anthony 
Wheelock (1770-1772) ; Robert Knox, William's brother (1772-1782) ; 
John Cowan (1782-1786). 



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Mowat: East Florida as a British Province, 1763-1784 37 

That part of the annual grant devoted to salaries, as provided for in 
the annual estimates, was as follows : n 

Governor £1,200 

Chief Justice 500 

Attorney General 150 

Secretary and Clerk of Council 150 

Eegister 100 

Surveyor of Lands 120 

Allowance for Ms assistant 30 

Agent 200 

Minister at St. Augustine 100 

Minister at St. Mark's 100 

Schoolmaster at each of above places, £25 each 50 

Pilot at St. Augustine 50 a 

Provost Marshal 100 b 

Eeeeiver General of Quit Eents 100 c 

a Included for 1765 and later years. 

b Included for 1770-1771 and later years. 

c Included for 1771-1772 and later years. 

This scale of salaries corresponds with that in force in Senegambia, but 
is a good deal higher than that which applied in St. John. 12 

It was the task of the crown agent to receive and disburse the money 
voted by Parliament for the province and to cooperate with the Board of 
Trade in its control over provincial finances. He was specifically forbid- 
den to correspond with the governor or to act for the province except 
when Parliamentary grants were concerned. His work was, therefore, 
largely of a routine character. Each year he had first to present to the 
Lords of the Treasury a memorial, approved by the Board of Trade, ask- 
ing that the money voted for the province might be issued to him. 13 He 
had then to follow the tedious and fee-ridden "course of the Exchequer," 
by which the money was eventually "imprested" or issued to him after 
the complicated procedure designed to prevent fraud had been complied 
with. 14 This he disbursed principally to honor bills drawn on him either 
by those to whom salaries were due, in favor of a third party, or by the 
governor for some stated service, also normally in favor of a third party, 
possibly the person rendering the service. Bills on account of salaries had 
to be accompanied by a certificate from the governor to the Treasury that 
the person had been alive and in execution of his office, and accompanied 
also by a letter from the official concerned to the Board of Trade. In cases 
of difficulty or irregularity he consulted the Board of Trade. He also 
cooperated with the board in its annual preparation of the estimate by 
attending it with a statement of the balance remaining from former 
grants. 15 



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Mowat: East Florida as a British Province, 1763-1784 39 

The accounting for the money which passed through the agent's hands, 
or through the governor's or those of anyone who had the care of public 
funds, was a complicated business, involving the "declared account." 16 
This was the final settlement of accounts before the Chancellor of the 
Exchequer and two or more of the Lords Commissioners of the Treasury : 
the moneys which the individual had received were entered as "charges," 
the money disbursed or in some other way accounted for as "allowances," 
and at the end a balance was reached, showing either that the accountant 
was indebted to the government, or that he was "in surplusage," when he 
was entitled to a payment from the government. Often accounts were 
declared only after many years had elapsed : William Knox's account for 
the years 1763-1769 was declared December 23, 1774, and his account 
for 1769-1770 on June 28, 1781. Moultrie's account of moneys spent on 
public works between 1772 and 1775 was declared on July 19, 1786; and 
Tonyn's account for the years 1773-1785, totalling £133,597, was not 
declared until September 13, 1805, and not finally satisfied until October 
10, 1810, some years after his death. 17 

In expending the sums in the grant appropriated for contingent ex- 
penses and for Indian presents the governor, with whom the principal 
responsibility lay, was limited by his general instructions, and by special 
directions from the Board of Trade. 18 The contingent and Indian accounts 
were made up annually at midsummer, and were usually signed by Alex- 
ander Skinner as clerk of the public accounts, and certified, after com- 
parison with the particular accounts they covered, by Yeats as deputy 
clerk of the Council. They were laid before the Council at that time, but 
a critical inspection by the councilors was neither desired nor permitted. 
This was one of the complaints brought by Chief Justice Drayton against 
the government of the province, and was the cause of his resignation 
from the Council in 1771. He charged that there was no check upon the 
legitimacy of the services for which payments had been made, or even 
upon the actual performance of the services. On this occasion he objected 
to a particular charge by an artificer, because the same work, done by the 
same man for him privately, had cost only half the price. Moultrie over- 
ruled the objection by stating that he was sole judge in such matters, 
and that the Council's only task was to see that the duplicates sent to 
England corresponded with the accounts retained by himself. 19 The 
actual expenditures and the savings, year by year, can be seen from the 
table opposite. 20 

The contingent fund was used for a great number of different pur- 
poses, as, in a more restricted way, was the fund for Indian presents. 
A good part of the contingent fund went for the salaries of the lesser 



40 University of California Publications in History 

officials ; other payments were for the upkeep of the jail, the maintenance 
of pauper prisoners, the apprehension of criminals, coroner's inquests, 
recovery of runaway Negroes, juries, and general court expenses. A reg- 
ular item was the provisions and rum for the pilots and the upkeep of the 
pilot boats, with the occasional purchase of a new one ; another was the 
payment to the soldiers who took care of the lookout on Anastasia Island 
and hoisted the proper signals at the approach of vessels. Much was spent 
on public works : road-building and the reconstruction or repair of gov- 
ernment buildings. Miscellaneous expenses included a subsidy of £25 to 
John Bartram, the naturalist, toward his expedition up the St. John's 
River in the winter of 1765-1766; food and lodging for the shipwrecked 
Frenchman, Viaud; the maintenance of "Jonathan, a poor distracted 
man" in 1768 ; coffins for those who died destitute. The various contin- 
gent accounts would, naturally, provide information for constructing 
something like a cost-of-living index for East Florida, as well as for mak- 
ing a register of the names and occupations of many of the inhabitants. 

Governor Grant managed to effect considerable savings out of the 
moneys voted for contingent expenses, Indian presents, and the silk 
bounty, the last never being used for the stated purpose. His frugality 
was criticized : Bernard Romans mentioned "a complaint of the contin- 
gent money of five thousand pounds per annum, for seven years, not 
being so very visibly expended" ; and an anonymous paper "A solution of 
the following plain questions is expected by the non-addressers" made 
the same complaint. 21 This was, however, a deliberate plan of his, in order 
to provide a fund for various public works which he proposed. 22 The 
money was spent under Moultrie and Tonyn on a comprehensive pro- 
gram carried out between 1772 and 1775, comprising the building of the 
statehouse and the making of various roads. Knox's declared account for 
1769-1770 showed a total of £4,000/12/4 expended for these works, and 
£721/18/11 for clock, bells, and fire engine shipped from London for 
St. Augustine at Grant's orders. 23 

The only other grant specially made for the province was the sum of 
£2,000 for which Grant, in 1769, was permitted to draw upon the Treas- 
ury for the support of Dr. Turnbull's New Smyrna colony, then strug- 
gling through its first difficult year. Grant spent the money on provisions 
and tools, and a large copper still and some casks, presumably for indigo. 24 

In the absence of an assembly, the power of legislation rested with the 
Council, which also shared executive and to some extent judicial powers 
with the governor, for instance in the swearing-in and suspending of 
officials, the fixing of fees, and the issuing of warrants of survey and 
grants of land. The right of the Council to make regulations and ordi- 



Mowat: East Florida as a British Province, 1763-1784 41 

nances, however, raised a nice constitutional problem which in time 
become decidedly controversial. 

Grant's commission, following the usual form, gave him : 

Pull Power and Authority, with the Advice and Consent of Our said Council ... as soon 
as the Situation and Circumstances of Our Province . . . will admit thereof to sum- 
mon and call General Assemblies of the Freeholders and Planters within the Prov- 
ince [and] by and with the Advice and Consent of Our said Council & Assembly 

... to make, constitute and ordain Laws, Statutes and Ordinances ... as near as may 
be agreeable to the Laws and Statutes of this Our Kingdom of Great Britain. 25 

No mention was made of any legislative power of the governor and Coun- 
cil in the absence of an assembly, and the representation accompanying 
the Board of Trade's draft of the commission stated that this had been 
purposely omitted, since it was felt that an immediate public declaration 
of the permanent constitution, including the provision for an assembly, 
would be an encouragement to settlers. 28 

On the other hand, Grant's general instructions, besides containing 
numerous clauses about the conduct and composition of an assembly and 
the character of its legislation, 27 authorized him, if the summoning of an 
assembly was impracticable for the time, to make meanwhile such rules 
and regulations, by the advice of the Council, as should appear necessary 
for the order and good government of the province. Such regulations 
were not to affect the life, limb, or liberty of the subject, or to impose any 
duties or taxes, and must be transmitted to the King, for approval or 
disallowance. This instruction was unusual, but was given also to the 
governors of West Florida, Quebec, and Grenada. 2 * 

This difference could perhaps be resolved by invoking the executive 
prerogative of the crown, by which the governor could issue "proclama- 
tions enforcing the provisions of statute or treaty, and regulations re- 
garding subjects that might fairly be considered matters of executive 
concern." 29 It was also held by the Attorney General, in a New Jersey 
case, that a governor's instructions, being referred to in his commission, 
were incorporated in it and therefore had equal force, though the usual 
interpretation was that in conflicts between commission and instructions 
the commission was supreme. 30 On the other hand, in the celebrated case 
of Campbell vs. Hall in 1774, Lord Mansfield held that the King, having 
promised Grenada an assembly in the Proclamation of 1763 and in the 
governor's commission, had destroyed the royal legislative power, espe- 
cially as the commission did not confer upon the governor and Council 
the right to legislate pending the calling of an assembly. 31 

In almost all other colonies, certainly, the necessity of an assembly for 
legislative purposes had been conceded. Georgia, another infant colony, 



42 University of California Publications in History 

was given an assembly as soon as royal government replaced that of the 
trustees. 32 The Nova Scotians won one in 1758 after a long struggle, 
latterly led by a chief justice newly arrived from New England, Jona- 
than Belcher. 33 The four new provinces of 1763 were promised assemblies, 
and two of them received them. In West Florida, not unlike the sister 
province in general but with the two towns of Pensaeola and Mobile and 
perhaps a larger total population, an assembly met in 1766. 34 Grenada, 
though its population was largely alien and Roman Catholic, had an 
assembly from 1766 onwards, to which the Roman Catholics (in addition 
to having the general franchise) were permitted to elect three of their 
number. 35 The island of St. John, where the population, though British, 
was small enough in all conscience, had an assembly, which first met in 
1773; a miniature government had been set up in 1769. 36 The dubious 
distinction of being without an assembly was shared by East Florida only 
with Quebec, and with the West African province of Senegambia, for 
whose largely native population royal government was inaugurated by 
Act of Parliament in 1765. 37 

In the administration of Quebec, which was closest to East Florida's, 
there was the extenuating circumstance that the British authorities were 
dealing with a large French population. Hence it would be manifestly 
unfair to entrust legislative powers to the handful of British merchants 
and others who made up the "old subjects" and who alone, under the Test 
Act, would be permitted to vote and hold office. The first governor, Mur- 
ray, therefore ignored that part of his commission which provided for 
the assembly and for his pains was recalled, thanks to the agitation of the 
"old subjects," who claimed that the ordinances issued by the governor 
and council were worthless. Murray's successor, Carleton, carried on the 
same policy, partly in the hope of re-creating the semif eudal government 
of seigniors and clergy which had existed during the French regime. 
Eventually, he and his friends convinced the home authorities that an 
assembly in Quebec was inadvisable; but to undo the promise of the 
Proclamation of 1763 it was necessary to obtain an act of Parliament — 
the Quebec Act of 1774, which conferred limited legislative powers upon 
the governor and a legislative council. 38 

The lack of an assembly in East Florida is not, therefore, easily ex- 
plained. The population was certainly very small, but small numbers 
had not elsewhere been an insuperable barrier. Nor was there any ad- 
mixture of an alien population to make one inadvisable. The reason was 
probably no more than the personal attitude of Governor Grant. Evi- 
dently something of a martinet, and seeing the rising tension in the 
colonies to the north, he may well have decided to prolong a policy which 



Mowat: East Florida as a British Province, 1763-1784 43. 

at first was intended to be temporary. He did, it is true, tell Martin 
Jollie when dissuading him from taking his seat on the Council that he 
would be of more utility to the province as a member of an assembly, if 
one were called, than as a councilor : 38 but if his intention was genuine, 
he left before he could carry it out. Moultrie may have felt that he lacked 
the position to initiate an assembly, and the factional troubles in which 
he was caught further discouraged him. And once the tradition of gov- 
ernment without an assembly was established, Governor Tonyn, haughty 
autocrat as he was, was naturally unlikely to alter it, particularly at a 
time when the flames of revolution were mounting elsewhere and were 
also threatening his own province. 

As it happened, this hiatus in the colony's constitution was probably 
no hardship to anyone in the early years, but the fact that the Council 
was largely filled with the governor's nominees, and that councilors 
could be suspended by him, sometimes even without the consent of the 
Council, made it a potential instrument of despotic power. 40 It was in 
intention an aristocratic body, its twelve members (five being a quorum) 
being appointed by the governor "from among the most considerable of 
the inhabitants" when vacancies occurred. Such appointments needed 
confirmation at home, and the Board of Trade had the duty to recom- 
mend appointments to the Privy Council when the need arose. Thus the 
appointments made in England, though usually in confirmation of the 
governor's temporary appointments, were sometimes the result of in- 
dependent action of the board.* 1 All such appointments were in the form 
of a mandamus, on presentation of which the person named took his seat. 
Often, however, this was obtained only after considerable delay, and 
might be ignored by the governor (as in the case of Arthur Gordon in 
1775) or never put into effect. For instance, Grant persuaded Wool- 
dridge, who came out with a mandamus in 1767, to give it up to him. Of 
him he wrote that he was a "mean low poor Creature, despised by every- 
body," whom he convinced of his unsuitability for the Council. 42 Grant 
also persuaded another appointee, Martin Jollie, Lord Egmont's land 
agent in East Florida, to defer taking his seat, ostensibly because Mount 
Royal, Lord Egmont's plantation, was nearly a hundred miles from St. 
Augustine. His actual reason the governor later stated as follows : 

. There was no objection to the Man — But he was rather in a Low rank in Life — his 
Father is a Taylor in Edinburgh — he had a Brother a Shoemaker in Town [St. Au- 
gustine], and another Brother an under Overseer in the Country [East Florida] — 
those circumstances could not be known in London, but they would rather have been 
degrading to the Council here — 43 

Jollie, however, kept his mandamus, which was dated December 29, 1767, 



44 University of California Publications in History 

and when he returned to East Florida in 1775 after residing for some 
time in Georgia, he presented it and was permitted to take his seat, 
though without the seniority which the date of the mandamus implied." 

This aristocratic character is borne out by the membership of the 
Council prior to the Revolution. 45 Members added as vacancies occurred 
after 1764 included the following : Francis Kinloch, a prosperous planter 
from Charleston who was contemplating making a settlement on the St. 
John's, but who actually stayed only a short time ; the Reverend John 
Forbes; William Drayton ; Witter Cuming, the local provision contractor 
for the troops ; Dr. Turnbull ; Sir Charles Burdett, Baronet, the collector 
of customs in St. Augustine, where he also practiced as a lawyer; Francis 
Levett, senior, one of the assistant judges and a wealthy planter from 
Georgia; William Owen, who was successively acting attorney general 
and provost marshal; Frederick George Mulcaster of the Engineers, 
reputedly a natural brother of George III. 46 The resident members at the 
time of Tonyn's inauguration in March, 1774, were John Moultrie, 
Catherwood, Holmes (of the original appointees), Forbes, Cuming, and 
Owen. 

Against the legislative power of this close corporation only one mem- 
ber lodged an effective protest, William Drayton, whose independence 
was later to cause his removal from office. On the death of the first chief 
justice, James Moultrie, on August 6, 1765, Grant had appointed him 
temporarily to the position, and he had taken his seat at the Council ex 
officio. 47 The appointment was not immediately confirmed, and William 
Grover, who had been suspended as chief justice of Georgia in 1762, 48 was 
given the position. Grover was shipwrecked on the Florida coast on his 
way out from England and died soon afterwards, on November 9, 1766, 
after being taken up by a sloop from New Providence. Drayton, who had 
continued to hold the courts in his absence, then received the official ap- 
pointment and presented his mandamus, dated February 10, 1767, on 
February 1, 1768, when he was again sworn in as chief justice and coun- 
cilor. 49 He came from one of the most prominent South Carolina families, 
had had a liberal education in England and, like several of the native 
sons of his colony, had studied law at one of the Inns of Court, 50 in this 
instance at the Middle Temple. In South Carolina, according to a letter of 
his written much later after his troubles had begun, he claimed six years' 
experience as a member of the assembly, and the opportunity of knowing 
the course of public business there from his great intimacy with Gov- 
ernor Lyttleton, whom for a time he assisted as private secretary. 51 

His first protest was mild enough. In 1768 several proclamations were 
issued to regulate the police of St. Augustine, of which one, dated Janu- 



Mowat: East Florida as a British Province, 1763-1784 45 

ary 13, 1768, ordered all who wished to keep taverns and to sell spirituous 
liquors to apply to the governor for a license, for which the fee was five 
shillings. At the time Drayton informed Grant that these proclamations 
were in general nugatory, though they might operate in terrorem until 
more substantial regulations could be framed by a General Assembly. 
However, if any prosecutions arose under them, he would be forced to 
declare against them. 62 Nothing came of this first blast of the trumpet, 
nor of the second, the presentment of the grand jury at the Court of Gen- 
eral Sessions in June, 1770. The grand jury was to be used as an instru- 
ment of political agitation in East Florida, as it had already been used 
in Quebec and Nova Scotia. 53 At this time it presented as a great griev- 
ance the lack of an assembly and the resulting insecurity of property 
through the lack of proper laws. 54 

"With Grant's departure, the quiescence of the chief justice and his 
followers disappeared. Many bodies in the province had produced flatter- 
ing addresses to speed the parting governor : the Council, 53 the principal 
inhabitants and planters, the "Military Gentlemen," and the local 
Masonic Lodge which was named after Grant, its founder. 58 But amid 
the eulogies there were some jarring notes. An undated memorial of the 
inhabitants complained of his wasting of the Parliamentary moneys, his 
seizure of Josiah Bagley's land, and his refusal to summon an assembly. 57 
An "East Florida Provincial litany" began : 

O God of nature potent friend of all 
Hear oh Hear thy peoples ardent Call 
ffrom Grants Return wth Powr Invested 
ffrom Debts & Dues & Bills protested 
Good Lord deliver us. 58 

At the same time Moultrie was presented with an address which deplored 
the wretched condition of the town and country and expressed the hope 
that the change in government would produce a change in policy. Infant 
colonies, it observed, throve best the nearer their governments ap- 
proached popular forms ; therefore the signers stated their belief that 
the convening of the people by representatives for the purposes of legis- 
lation was the most eligible expedient to avert impending ruin. If the 
lieutenant governor needed anyone to point out the many evils of the 
province, they concluded, no one could do so better than the gentlemen 
placed at the head of the law in whose zeal for the public good all could 
safely rely. 59 

The disputes which followed were, of course, only in part caused by 
disagreement over the summoning of an assembly. In part they sprang 
from personal differences and rivalries, such as had earlier made the 



46 University of California Publications in History 

public life of West Florida so tempestuous. There had been some ex- 
pectation in the province, apparently, that Dr. Turnbull might be chosen 
as Grant's successor; 60 whether Drayton had had similar hopes is not 
clear, but there certainly were personal differences between himself and 
Moultrie. At any rate Drayton and Turnbull soon made clear in the 
Council their opposition to the lieutenant governor and the "official" 
group. It has been stated that an attempt was made at this time to form 
a representative government and that it failed because of the discord 
between the freeholders, who wanted annual elections, and the executive, 
who favored triennial elections. 61 This may have been in debate behind 
the scenes; but the factional disputes in the Council revolved round 
other though kindred issues. "These bickerings, originating between two 
gentlemen of high standing, and carried on in the true spirit of high- 
minded Carolinians, had the effect of creating two parties . . ."° 2 

This disagreement was brought into the open on October 19, 1771, 
when Drayton resigned from the Council, alleging "private reasons," 
and stating that he understood from a letter from the undersecretary of 
state that there was no bar to his resigning his seat while keeping the 
office of chief justice. 63 His real reason, as he explained later, was the 
disagreement with Moultrie over the Council's right to examine and 
censure the contingent and other accounts of the province. 64 He had not, 
apparently, chosen to raise this question in Grant's time. 

His resignation, followed as it later was by Turnbull's, gave Moultrie 
serious difficulties in obtaining a quorum, just as the similar resignation 
of Chief Justice Clifton of West Florida in 1766 had made it difficult for 
Governor Johnstone to get his quorum in the Council. 65 The resignation 
was not, however, accepted by the home government. The Earl of Hills- 
borough, the secretary of state, agreed that Drayton was not a member of 
the Council by virtue of his office as chief justice, but added that it was 
proper that the person enjoying the emoluments of the office should 
give his assistance in Council if appointed to it — ignoring the fact that 
Grant's instructions had ordered him to include the chief justice in his 
original Council. 60 He therefore wrote to Moultrie asking him to acquaint 
Drayton, since he had declared his willingness to resume his seat if the 
government desired it, that the King had not accepted his resignation and 
that he should return to the Council. This he did on December 15, 1772. 67 

His second tenure of membership of the Council was brief. In spite 
of Moultrie's intention "to be as blind to any little misconduct or humour 
as I properly could," 68 the two were soon at cross purposes once more. 
Drayton declared in Council that there was a defect in the commission of 
the peace, but when asked by Moultrie by letter to advise the attorney 



Mowat: East Florida as a British Province, 1763-1784 47 

general in drawing up a new one, he refused on the grounds that such 
interference on his part would be extrajudicial, though he promised to 
give his opinion if consulted in Council. 69 

A little later in 1773 came a major collision over the delivery of the 
calendar and presentments of the June meeting of the Court of General 
Sessions of the Peace, which were not given to the Council until the 
meeting of July 20. Moultrie's irritation at the delay was increased by 
the fact that the jury had presented the need of a sea wall to protect part 
of St. Augustine, a complaint which he thought unreasonable, since the 
wall would be protecting private lots. He saw in it only "an intention 
to oppose and thwart me (which was rumoured abroad)," and was the 
more furious when Drayton moved that he appoint a day to take the 
presentments into consideration. The motion was seconded, but Moultrie 
refused it with the answer that when he wished to have the matter 
considered he would summon a Council for the purpose.™ At the next 
meeting, on August 2, he charged Drayton with having detained the pre- 
sentments for thirty days "in a manner unprecedented and tending to 
obstruct Public business." Drayton was heard in his defense and then 
withdrew. His defense, as given in a letter which he immediately wrote 
to Lord Dartmouth, the secretary of state, was that he did not get a copy 
of the calendar from the clerk of the court until June 22, at a time when 
he was daily expecting the usual Council meeting to examine the year's 
accounts. When neither the midsummer meeting nor the usual one on 
the first Monday of the month was called, he went to the president of the 
Council to ask that a meeting be summoned. When the meeting came, on 
July 20, he delivered the presentments, and was not then censured for 
the delay, which in any event was of no consequence, as Moultrie had 
already seen the presentments and did not take them into consideration 
either during or after the meeting of July 20. 71 This defense was not 
accepted by the Council, which upheld Moultrie's charge and thus in 
effect censured the chief justice's conduct. Drayton made matters worse 
by formally asking Moultrie, in a letter written that day, for a Council 
meeting to receive sundry propositions concerning the presentments. 72 
Meanwhile, he wrote his letter to Dartmouth, appealing to the King to 
reverse the charge against him. 

A few hours after the meeting he met Owen, one of the councilors, 
and said "Judge Owen you are a Damn'd Dirty Sett, or House." At the 
next meeting of the Council, on August 20, Moultrie declared he had 
called the members to consider this remark, which "scandalously ... in- 
sulted the Members of the Council." On Forbes's pointing out that they 
lacked a quorum to consider the charge, the members adjourned till five 



48 University of California Publications in History 

in the afternoon, when the case was resumed. Owen supported his charge ; 
Drayton refused to retract the words, saying that they were not said 
at the Council board and that, if they contained any insult to the Coun- 
cil, which was not mentioned, it was only "by the emplication drawn by 
the Gentleman to whom they were Said." The Council carried Moultrie's 
motion that the words contained "a Gross insult and Reflection" upon 
the board and, when he moved Drayton's suspension, concurred in this 
action. 73 Drayton was accordingly suspended from the Council, and 
never re-joined it. 

The final dispute during Moultrie's regime directly involved the 
Council's power to issue ordinances. At the June sessions in 1773, which 
had already stirred up so much trouble, the grand jury had presented 
as one grievance among others the number of tippling houses in St. 
Augustine. At the sessions in December, 1773, the attorney general in- 
dicted several persons for keeping such houses without license. One per- 
son produced a license from the lieutenant governor, as required by 
Grant's proclamation of January 13, 1768. This Drayton accepted, 
though he thought he was not obliged by law to do so; to the others he 
published a court order that those who wished licenses should in future 
apply to the Court of Sessions. This he justified on the grounds that the 
law in the province, under the terms of the Proclamation of 1763 and 
of Grant's commissions constituting the courts, was the law of England, 
unless altered by legislation by a General Assembly. Therefore he felt 
bound to follow English law, which, under an act of Edward VI and 
later acts, 74 directed licenses to be granted in open sessions of the peace 
or by two justices of the peace. He argued that no proclamation of the 
governor could change any part of the common law or the statutes of 
the realm, and that, since the King did not exercise the power of issuing 
licenses, neither could the governor, whose authority was derived from 
the King. 75 This learned appeal, supported by references to Blackstone 
and other authorities, naturally failed to impress Moultrie, the more 
so because, among those to whom Drayton issued licenses, was one John 
Mason, whom he had refused as an improper person. 76 

At the Council meeting of December 30, 1773, the clerk of the court 
was ordered to attend with the proceedings of the court, and the Council 
formed itself into a committee of investigation. On February 9 the com- 
mittee, consisting of Catherwood, Holmes, Cuming, and Owen, pre- 
sented its report. Forbes, as an assistant judge, asked leave to withdraw, 
as he viewed the Council's proceeding as that of a court sitting upon the 
conduct of judges. Since his absence would have deprived the meeting 
of a quorum, he was told to remain, though excused from voting. The 



Mowat: East Florida as a British Province, 1763-1784 49 

committee's report asserted that the court's action was an infringement 
of the governor's authority, and in this the Council concurred. It then 
ordered the court to refrain from issuing licenses, and canceled those 
issued, stigmatizing the action as a manifest contempt of the governor's 
proclamation and an undue and unwarrantable exercise of power 
hitherto vested in the "Commander in Chief." 77 This order, signed by 
Moultrie and given under his private seal, was branded by Drayton as 
a private mandate and not something done with the advice and consent 
of the Council. Drayton argued that the matter should have been 
brought up by a writ of error, or otherwise, and the judges heard in 
their defense, and that the question how far the laws of England were 
to be accepted or rejected in the province should be decided first in the 
provincial courts, subject to revision by the King in Council. 78 In writ- 
ing of this episode also to Dartmouth, Drayton was again appealing to 
the King in Council, this time for support in preserving the balance of 
power in the province's constitution. The issue remained undecided : the 
Council had vindicated its position, but Drayton's arguments had scored 
at least a moral victory. 



CHAPTER IV 
PEOPLING THE SANDY DESERT 

This simple type of government served a population whose growth 
was disappointingly slow. With the departure of almost all the 
Spaniards, the province must attract settlers from Great Britain, 
the continent of Europe, or the American colonies if the sandy desert 
was to be peopled. Yet prejudices against its supposedly unfavorable 
climate and unproductive soil died hard, in spite of the considerable 
amount of publicity which it received in the decade after 1763. Many 
of the gazetteers and other works descriptive of North America in this 
period attempted to shed some light upon it, for instance the American 
Gazetteer (London, 1762), Robert Rogers' Concise Account of North 
America (London, 1765), and John Huddlestone Wynne's General His- 
tory of the British Empire in America. (London, 1770) . 

Other works were published dealing specifically with East Florida or 
the Floridas and describing the topography, vegetation, and potential 
products, especially those of a semitropical nature. Such works in- 
cluded William Roberts' Account of the First Discovery, and Natural 
History of Florida (London, 1763) , and Dr. William Stork's Account of 
East-Florida, of which the first edition was published in London in 1766. 
Dr. Stork, a botanist and member of the Royal Society, visited East 
Florida as agent for various land grantees. 1 Later in 1766, and in 1769, 
his book was reissued with some additions and with a supplement con- 
taining parts of a journal kept by John Bartram of Philadelphia, bota- 
nist to the King and the first native American botanist, of a journey of 
exploration up the St. John's to its source in the winter of 1765-1766. 
John Bartram was accompanied by his better-known son William, whose 
descriptions of the country, based on his later visit in 1774 and printed 
in his famous Travels through North and South Carolina, Georgia, East 
and West Florida, furnished Coleridge with some of his most striking 
images. 2 Another important work was Bernard Romans' Concise Natural 
History of East and West Florida, which was based on his close acquaint- 
ance with the country as a surveyor. Since it was published in New York 
as late as 1775, however, and had a subscription list made up almost 
entirely of residents of New York and New England, it clearly had no 
influence on the settlement of Florida in prerevolutionary times. 3 
One enthusiastic booster the country did have. Denys Rolle, one of 
1 For notes to chap, iv, see pp. 184-190. 

[50] 



Mowat: East Florida as a British Province, 1763-1784 51 

East Florida's most energetic but unfortunate colonizing planters, was 
a Devonshire man of some wealth who at one time was member of Parlia- 
ment for Barnstaple.* In 1766, after his first ill-starred visit to Bast 
Florida, he published a digest of Stork's work together with two letters 
from disinterested parties and some observations of his own extolling 
the country and inviting prospective emigrants to come to his plantation. 
The familiar claims of the modern realtor pale beside his unqualified 
prediction : 

Every thing in nature seems to correspond towards the cultivation of the productions 
of the whole world, in some part or other of this happy province, the most precious 
jewel of his majesty's American dominions. 5 

An anonymous article, "An Exhortation to Gentlemen of small Fortunes 
to settle in East Florida/' which appeared in the Gentleman's Magazine 
for January, 1767, was perhaps also from Rolle's pen. 6 

Less glowing, and much less widely circulated though not without 
influence, were the letters of land agents to their principals in England. 7 
Travelers like Lord Adam Gordon, an army officer who passed through 
St. Augustine in November, 1764, en route from Jamaica to England, 
doubtless spread reports of the new province at home, though Lord 
Adam's journal remained unpublished for nearly a century and a half. 8 
Similarly, the great "Report of the General Survey in the Southern Dis- 
trict of North America" of the surveyor general, De Brahm, replete with 
information on the history, soil, climate, fauna and flora, population and 
living conditions of East Florida, remained unpublished and forgotten, 
as it largely is even today. 9 

Amid the songs of praise, lavish or sparing, there were some discord- 
ant notes. The anonymous Present State of Great Britain and North 
America, with regard to Agriculture, Population, Trade, and Manu- 
factures impartially considered (London, 1767), whose author seems to 
have been John Mitchell, maker of the celebrated map which bears his 
name, condemned all Britain's acquisitions in the Peace of 1763, but 
particularly the "pestiferous sea-coasts . . . the sunken lagunes of East- 
Florida," and its swamps appropriately called "dismals." 10 The anony- 
mous American Husbandry (London, 1775), of which Mitchell may also 
have been the author, was similar in the tone of its remarks on East 
Florida: nothing but "marshes after marshes, swamps after swamps, 
pine barrens upon pine barrens." 11 

A few later works which give valuable information on Florida during 
the British regime, though obviously not contributing to its colonization, 
may also be mentioned. John Ferdinand Dalziel Smyth, whose later ad- 
ventures as a loyalist during the Revolution bordered on the melo- 



52 University of California Publications in History 

dramatic, made a journey all through the South in 1774, including 
Kentucky, the lower Mississippi, the Gulf coast, and a journey overland 
from Apalache to St. Augustine. His Tour in the United States of Amer- 
ica was published in London in 1784. 12 Johann David Schoepf , who came 
to America in 1777 as surgeon to the Anspach troops, made an extensive 
journey through the South after the Revolution, reaching St. Augustine 
in March, 1784, just as the British were preparing to withdraw. The 
account of his travels was published at Erlangen in 1788. 13 A generation 
later the acquisition of Florida by the United States produced another 
group of works, including the Sketches, Historical and Topographical, 
of The Floridas; more particularly of East Florida (New York, 1821) 
by James Grant Forbes, son of the Eeverend John Forbes; Charles 
Vignoles' Observations upon the Floridas (New York, 1823) ; and John 
Lee Williams' Territory of Florida (New York, 1839 ). 14 

In addition to the artful aids of publicity, the province benefited in 
the quest for settlers from the work of the land surveyors. The British 
government, as part of the imperial reorganization of 1763, appointed 
two surveyors general, one for the Northern and the other for the South- 
ern District of North America, to carry out land and coast surveys with 
the aid of a subsidy voted by Parliament for this purpose each year. The 
surveyor general of the Southern District was a Dutchman, a curious 
and distinguished figure, geographer, engineer, botanist, astronomer, 
meteorologist, hydrographer, alchemist, sociologist, historian, and mysti- 
cal philosopher, William Gerrard De Brahm, who had emigrated in 
1751 to Georgia, where he had established a colony of Germans at 
Bethany, near Ebenezer. He had done engineering and surveying work 
in South Carolina and Georgia, and had been joint surveyor of Georgia 
before his appointment in 1764 to the surveyor generalship of the South- 
ern District. He also received the appointment of surveyor general of 
East Florida, just as his colleague in the Northern District, Samuel 
Holland, another Dutchman, held the surveyor generalship of Quebec 
concurrently with that of the Northern District. De Brahm consequently 
made St. Augustine his headquarters from 1765 and, with the help of 
several assistants, including Bernard Romans, he carried on the work 
of the "general survey," completing surveys of the east coast of East 
Florida, the west coast southward from the Bay of Tampa, the St. John's 
River, and the land between St. Augustine and the St. John's, and part 
of St. Mary's River. A further product of his work was his monumental 
"Report," which has already been mentioned. 

De Brahm's work as provincial surveyor general, which conflicted 
somewhat with the work of the general survey, consisted mainly of 



Mowat: East Florida as a British Province, 1763-1784 53 

supervising the making, by the deputy surveyors, of surveys of tracts 
desired for land grants by persons who had been given warrants of 
survey by the governor and Council. After the survey had been made, 
the warrant and the surveyor's plat of the tract were returned to the 
Council and the grant of the land could then be completed. It was open 
to De Brahm to make the surveys of the grantees' lands himself, which, 
because of the fees involved, he insisted on doing in many instances, to the 
annoyance of Governor Grant, who claimed that not only did the work of 
the general survey suffer, but prospective settlers were subject to long 
delays until De Brahm was free to attend to their warrants of survey. 
De Brahm's independent spirit more than once brought him into conflict 
with the governor. The first occasion was his arbitrary suspension of 
two of the deputy surveyors. Later, in April, 1770, he was censured 
by the Council for certain overcharges and incivilities. Finally he was 
suspended by Grant from the provincial office in October, 1770, for 
having departed from St. Augustine on the general survey without leav- 
ing behind an adequate deputy for the provincial work ; he had moved 
to Charleston after he had been forced, by sickness and the loss of an 
anchor, to break off the survey of St. Mary's River. Mulcaster, his son- 
in-law, was appointed acting surveyor general of the province in his 
place. De Brahm took his case to London, where his patron, the Earl of 
Dartmouth, secured his reinstatement. He returned to Charleston in 
1775 to carry on the general survey, leaving Mulcaster as his deputy in 
East Florida. He himself was caught in the outbreak of the Revolution, 
but apparently remained loyal. He returned to England by way of 
France in 1777, but later came back to America, and died in Philadelphia 
at an advanced age in 1799, after devoting his last years to abstruse 
philosophical and mystical studies. 15 

Thus there were available facilities for having tracts surveyed for 
grants of land. Indian claims to the coastal area and the country between 
the coast and the St. John's in the northeast section of the province had 
been peaceably extinguished. Claims to private possession of huge tracts 
on the basis of purchase from departing Spanish owners were given 
short shrift by the government on the ground that such purchases, 
though permitted by the peace treaty, were invalid, since the supposed 
sellers, mere transients like all the Spaniards in Florida, could not pos- 
sibly have obtained legal title to such large estates. John Gordon, a 
Charleston merchant who claimed to have purchased several hundred 
thousand acres — by one account, ten million — in 1763, carried on a 
fruitless campaign for years, until his death in 1778, to obtain recogni- 
tion of his title. The government encouraged him to bring suit in the 



54 University of California Publications in History 

local courts to vindicate his claim, but lie declined on the ground that 
the court would be prejudiced and that it was impossible to bring proof 
of his actual possession of the land. 16 So in the end the King retained, 
as he had originally assumed, the lordship over the land, free to alienate 
it by grant as seemed best, and using it, in effect, in the same way as later 
the public domain of the United States or the "dominion lands" in the 
prairie provinces of Canada were used. 17 

The royal land policy had been outlined in the Proclamation of 1763, 
which promised land in the Floridas and elsewhere to ex-soldiers and 
to other settlers upon easy terms. This policy was carried into effect by 
two distinct means. On the one hand the Board of Trade advertised in 
London in November, 1763, that persons undertaking to settle lands at 
their own expense with the proper number of Protestant families from 
the British colonies or from foreign parts (until 1767, also from the 
British Isles) might receive grants of land in townships of twenty 
thousand acres or some proportion thereof by an Order in Council, 
that is, an order of the Privy Council in London. 18 Such orders, when 
carried to East Florida, authorized the governor and Council to issue 
a warrant of survey and subsequently to make the grant on the terms 
stated in the order. These were : that the land was to be settled within 
ten years with one person for every hundred acres, subject to forfeiture 
of the whole if one-third was not settled within three years, or of those 
parts not settled at the end of ten years ; that a quit rent of a halfpenny 
per acre was to be paid on half the land after five years, and on all after 
ten ; and that mines of gold, silver, copper, lead, and coal were reserved 
to the King, as well as land needed for military and naval purposes. 19 
Persons proposing to make such settlements were required to present 
petitions to the Privy Council. These in due course were referred to the 
Board of Trade, which examined them and in several cases interviewed 
the petitioners, and sometimes recommended the modification or refusal 
of the petition. The petitions were then returned to the Privy Council 
and the Orders in Council were made. 20 

The other method of obtaining land was to apply directly to the gov- 
ernor and Council for a grant on "family right," or as the "King's 
bounty" in the case of reduced officers of the army and navy and dis- 
banded soldiers. Governor Grant, in obedience to his instructions, had 
issued for publication in all the American colonies a proclamation stat- 
ing the terms on which land was available in East Florida and painting 
in vivid colors the many natural advantages of the country. 21 Under 
family right the head of a family might receive one hundred acres of 
land, with fifty additional acres for each man, woman, or child, black 



Mowat: East Florida as a British Province, 1763-1784 55 

or white, in the family; he might also receive additional land np to one 
thousand acres on payment of five shillings per fifty acres, if he gave 
evidence that he was able to cultivate it. The land was subject to for- 
feiture unless three acres in fifty were cleared or otherwise developed 
within three years ; however, proof of settlement of three acres in fifty 
in court gave permanent title to each fifty acres. The quit rent of a half- 
penny per acre was payable after two years. 22 

There were various other restrictions imposed on the making of grants 
by the governor's instructions. Certain types of land were to be reserved. 
In all grants, regard must be had to profitable and unprofitable acres, 
so that each grantee got his share of each. The breadth of the tract must 
be one-third its length, and it must run back from a riverbank rather 
than follow it. Grants were to be inspected by the surveyor general or 
some other person annually to see that the terms were being complied 
with — an instruction which proved to be a dead letter. Furthermore, 
definite townships of twenty thousand acres were to be laid out for settle- 
ment, with some lots reserved for a church and glebe, for the support 
of a schoolmaster, and for military purposes. When the whole province 
had been surveyed, a scheme for its division into counties was to be 
prepared. 23 Neither counties nor townships were created in East Florida 
at the time. Two special restrictions applied to East Florida only. The 
island of Matanza — a slip for Anastasia — was treated as a reservation 
where grants might be made only by special license from the King be- 
cause of the value of its stone for the construction of public works. Simi- 
larly the "echouries" or landing places of the "Manati or Sea Cow" on 
the coast near Cape Florida were to be granted only on special terms, 
because of the value of the oil of the animals. 24 

This land-grant policy remained unchanged until 1773. In that year, 
on April 7, an Order in Council was sent to the governors of the two 
Floridas, Georgia, the Carolinas, Virginia, New York, New Hampshire, 
and Nova Scotia suspending all grants except to officers and soldiers 
while a new policy was under consideration by the Board of Trade. This 
was the result of the discovery of the great variations which existed re- 
garding land grants in the different colonies and of the haphazard con- 
ditions of settlement which followed. The new policy, contained in an 
additional instruction of February 3, 1774, ordered ungranted land to 
be surveyed, subdivided into lots of between one hundred and one thou- 
sand acres by the surveyor general, and then sold at auction to the 
highest bidder, after four months' notice had been given in the province 
and its neighbors. The quit rent and the reservation of mines applied 
to land thus sold, and a reserve price was to be fixed by the governor 



56 University of California Publications in History 

and Council, which, must never be less than sixpence per acre. Only 
grants to soldiers under the Proclamation of 1763 and grants ordered 
by Orders in Council, might be made on the old basis. However, since 
permission was given for the completion of grants toward which the 
initial steps had already been taken under the old system, the change did 
not take effect immediately. In July, 1774, the local Council gave persons 
with warrants of survey for East Florida lands six months in which to 
complete their grants, but this was later extended, and the last batch of 
grants of the old style were not signed by the governor in Council until 
June, 1775. In the other colonies also the policy was unfavorably re- 
ceived and was nullified in various ways before the coming of the Revo- 
lution sent it to its doom. In the two Floridas the policy was suspended 
and grants on family right resumed by orders sent from home in July, 
1775, when it seemed clear that the two provinces would remain loyal 
and so could provide asylum for refugees from the rebellious colonies. 
Such refugee families were offered free grants on the old terms, and a 
proclamation to this effect was published by Governor Tonyn in No- 
vember. 20 

Meanwhile, the obligation of the grantee to pay a quit rent had lapsed, 
as it did also in Nova Scotia, West Florida, Quebec, New York, and else- 
where. 26 The original quit rent proposed for the Floridas, two shillings 
per hundred acres, was raised in May, 1764, to a halfpenny per acre at 
the representation of the Board of Trade, which argued with unconscious 
irony that the lands of East and West Florida greatly exceeded the lands 
of the other colonies in North America in richness and fertility. 27 The 
governor was instructed to devise a proper method for collecting and 
accounting for the quit rents, 28 and in July, 1767, the two years' grace 
for their collection having elapsed, Grant appointed the invaluable 
David Yeats receiver general of the quit rents. 29 This appointment was 
not confirmed, and there was no receiver general until Wooldridge's 
return to the province in that capacity in December, 1771. This caused 
alarm among the planters that the quit rents already due would at last 
be exacted, and Moultrie wrote to beg that they might be waived for a 
further term of years, arguing that they had been remitted in South 
Carolina and that the planters needed that encouragement in the face 
of their difficulties and disappointments. 30 The Treasury accepted the 
plea to the extent of remitting half the quit rents for a further ten years 
provided the other half was punctually paid. 31 This, however, was merely 
a gesture to save face. No rents were collected. 

The question how far the official policies regarding grants of land 
were successful in encouraging settlement is not easy to answer. Settle- 



Mowat: East Florida as a British Province, 1763-1784 57 

ment was left to the initiative of promoters and individual families, 
encouraged by the free grants, and no attempt was made to organize 
and subsidize colonies directly, as had been done when Halifax, Nova 
Scotia, was founded in 1749. Population figures are consequently hard 
to come by, particularly for the prerevolutionary years. Figures for the 
period during and following the Revolution are obviously useless for 
judging the success of normal peacetime policy, since the numbers of 
settlers who came to the province during those years came as loyalists for 
political and not for economic reasons. 

Even from the earliest years East Florida's publicity seems to have 
gone to its head and induced a false feeling of prosperity. Officials like 
Governor Grant and Lieutenant Governor Moultrie naturally sent home 
accounts that flattered their province as much as possible ; Englishmen 
who visited plantations in which they had heavy investments were 
equally unlikely to bring back gloomy descriptions of the country. As 
early as May, 1768, the South Carolina Gazette reported the "vast rate" 
of improvement in the infant colony, mentioning that between five and 
six hundred thousand acres had been granted on the St. John's in the 
preceding three months and that settlements at Musketo and at the back 
of St. Augustine were flourishing. Grant himself, in 1772, after his re- 
turn to London, remarked, "I may . . . venture to say, that East Florida 
has done more in the time, than any Continental Province ever did, since 
the first Institution of the British Empire in America." Moultrie's let- 
ters, those of one who was himself a successful planter, were equally 
buoyant, and spoke of the "busyness" of the planters and the difficulties 
which they had overcome. 32 Dr. Schoepf, writing in 1784, stated that, as 
soon as the English came into possession of the country, all necessary 
provisions were adopted for its settlement and settlers began to come 
in numbers from all parts of North America. 33 Forbes and Vignoles 
in 1821 and 1823 gave the same impression of the rapid development 
of the country under the British. 34 A picture thus early drawn was 
naturally reproduced later on, and Lanier, Fairbanks, and Dewhurst 
all spoke of the British period in Florida's history as an era of vigor and 
prosperity. 33 

Whether this impression is accurate, still more, whether it is fair to 
regard the development of the country under the British as comparable 
only with its very different development in the 1920's, may well be 
doubted. All that is clear is that the British, in their attempts to settle 
Florida, acted with greater energy than the Spaniards had done previ- 
ously or did subsequently, though the growth of population during the 
second Spanish period was far from negligible. 36 Yet J. F. D. Smyth 



58 University of California Publications in History 

stated that the number of inhabitants rather decreased before the Revo- 
lution, many families having removed to "West Florida on account of 
its superior soil. He thought the lack of an assembly to be an obstacle to 
East Florida's advance, and commented on the neglect of what he called 
much the best lands south of Musketo ; elsewhere, he declared, it was 
hard to find one thousand acres of good land in a body, and the settle- 
ments were very thinly scattered, being five, ten or even twenty miles 
apart. 37 Chief Justice Drayton could find only three plantations south 
of New Smyrna and only five deserving any notice between New Smyrna 
and St. Augustine. There was only one plantation of any consequence 
north of the capital, and a few insignificant settlements between the 
mouths of the St. John's and St. Mary's rivers, excepting the considerable 
plantation on Amelia Island. On the St. John's itself there were twelve 
or fourteen plantations of greater or less extent scattered along its length 
of one hundred and fifty miles. This testimony of a disgruntled witness 
was borne out by other evidence of a recession of settlement. William 
Bartram, writing of his journey up the St. John's in 1774, mentioned 
seeing the deserted plantations of Dr. Stork and of another British 
gentleman on Lake George. He compared that district then with its state 
on his first visit with his father. On the first occasion it had been in 
Indian possession ; since then it had been cleared and planted, but later 
deserted, so that in 1774 scarcely five acres were under fence. 38 

This was of course a period of intense speculative interest in American 
lands on the part both of residents of Great Britain and of Americans, 
and Florida shared in the current land boom on which the Ohio, Indiana, 
Wabash, and many other land companies were floated and the Vandalia 
colony launched. As far as concerned provinces within whose boundaries 
royal land grants were obtainable — the Floridas, Nova Scotia, New 
York, and Quebec — East Florida had the distinction of attracting, be- 
tween 1764 and 1770, more applications to the Privy Council for land 
than all the others put together. 39 

Altogether, the Privy Council issued, in 1764 and the following six 
years, two hundred and twenty-seven Orders in Council for lands in 
East Florida, embracing nearly three million acres. The numbers of 
orders made each year were as follows: nine in 1764, eleven in 1765, 
seventy-one in 1766, one hundred and twenty-two in 1767, four in 1768, 
seven in 1769, three in 1770 ; in 1771 one was issued and in 1772 one. The 
sister province of West Florida offered a good field for persons inter- 
ested in large tracts of land; but its colonization, judged by the numbers 
of Orders in Council issued, was slow in the 1760's, though more rapid 
in the 1770's. 40 The whole island of St. John was parceled out in sixty- 



Mowat: East Florida as a British Province, 1763-1784 59 

seven lots of twenty thousand acres each and distributed to petitioners 
in a sort of lottery which the Board of Trade conducted in 1767, with un- 
happy consequences for future generations. 41 But East Florida was the 
true Canaan for the English nobleman or gentleman who fancied him- 
self as the squire of broad American acres. Compared with its 227 orders, 
the figures for other provinces during the same period were : West 
Florida 41, Nova Scotia 82, New York 65, Quebec 11. The comparative 
acreages involved are shown below. 42 

Orders in Council for Land Grants Issued, 1764—1770 

Number of Total acreage 

orders granted 

Nova Scotia 82 1,105,000 

New York 65 502,000 

Quebec 11 121,000 

West Florida 41 380,000 

Total 199 2,108,000 

East Florida 227 2,856,000 

If the resulting colonization was slight, one reason must be that most 
of the persons in England who obtained these orders for tracts of twenty 
thousand acres made little or no attempt to cultivate their lands and settle 
families upon them. These persons were drawn from many classes, profes- 
sions, and districts and constitute, in fact, a roll of some of the leading 
figures in British public life. Of nearly three hundred petitioners for 
East Florida land, several of whom failed to obtain the requisite Order 
in Council, thirteen were members of titled families, eleven were baronets 
or knights, sixteen were officers in the army, five officers in the navy ; five 
were minor government officials, several were members of Parliament, 
four were doctors of medicine, and forty-nine were merchants. The re- 
maining petitioners were unidentified except by the designation "es- 
quire" or "gentleman." Nine of the petitioners were foreign, the rest 
British, and many, from their names, Scottish. They seem to have come 
from all parts of England and Scotland ; two were from Georgia, four 
from South Carolina, one from New Jersey, one each from Jamaica, 
Antigua, Grenada. Among those who never took up their grants were 
the Duke of Buccleugh, Charles Townshend, and George, Viscount Town- 
shend, James and Thomas Coutts, the bankers, General Oglethorpe, and 
Francis Kinloch of South Carolina, early member of the East Florida 
Council. 43 

The result of all these petitions was the issuance, between 1764 and 
1774, of 242 Orders in Council for East Florida lands. Of these, only 
121 were carried across the Atlantic and presented, sometimes after a 



60 University of California Publications in History 

long delay and usually by an agent, to the Council in St. Augustine. For 
all these Orders except seven, grants were eventually made, convey- 
ing title to a total of 1,443,000 acres. Most grants were to individuals, 
though sometimes a family, by obtaining grants for its different mem- 
bers, received an unusually large tract ; in a few other instances one man 
presented two orders for land. The Earl of Dartmouth and his four sons 
received twenty thousand acres each, the Earl of Tyrone and his two 
sons twenty thousand acres each, Dr. Turnbull obtained grants of five 
thousand acres each for his four children, as well as his own 20,000-acre 
tract. Other grantees included the Earls of Bessborough, Moira, and 
Cassilis; Lord Grosvenor; Sir Richard Temple; Thomas Townshend 
(perhaps the later Lord Sydney) ; the Hon. Charles Sloan Cadogan, 
of an Irish family intermarried with that of the famous eighteenth- 
century physician, Sir Hans Sloane ; Alexander "Wedderburne, solicitor 
general, attorney general, and later lord chancellor ; Colonel Robert- 
son, the barrack master general ; Lord Adam Gordon ; "William Fawcett, 
the later knight and general ; Captain Samuel Barrington, the future 
admiral; Thomas Bradshaw and Grey Cooper, secretaries of the Treas- 
ury; Luke Lillingston, of a prosperous Yorkshire family; Clotworthy 
Upton, Clerk of the Household of the Princess Dowager of Wales and 
member of an Anglo-Irish family ; William Crowle ; Samuel Touchet, 
M.P., prominent African merchant and butt of Wilkes's sarcasm; 
Thomas Dunnage and Thomas Nixon of the Levant Company. None of 
these settled any land, though some of them had agents in the province. 
Those who did make settlements included William Knox; Richard Os- 
wald, the peace commissioner in Paris in 1782 and a prosperous merchant 
and planter ; John Tucker ; Peter Taylor, an army paymaster in Ger- 
many during the Seven Years' War; Sir Edward (later Lord) Hawke, the 
admiral and victor at Quiberon Bay ; and Henry Strachey, a minor poli- 
tician and one of the peace negotiators in 1782." Persons prominent in 
East Florida affairs, either politically or as merchants, who received 
land by Order in Council (but who did not all settle it) were Patrick 
Tonyn; John Stuart; Dr. Turnbull; Wooldridge; Colonel Tayler; Wil- 
liam Grover, the chief justice who never entered into office; Witter 
Cuming (who also presented orders on behalf of his partners in England, 
Kender Mason and Arthur Jones) ; Francis Levett; James Penman. 
Other grantees who were actually in East Florida for a time included 
Frederick and George Rolf es ; Captain Robert Bisset ; Denys Rolle ; and 
William and Stephen Haven. Lord Egmont, and later his widow, pos- 
sessed Amelia Island, which was cultivated under an agent, but this was 
not through any East Florida grant. 



Mowat: East Florida as a British Province, 1763-1784 61 

The number of these grants, and their total acreage, year by year, 
compared with the grants made to local petitioners, are shown in the 
table on page 62. 45 

Clearly the 114 grants totaling 1,443,000 acres issued in obedience 
to Orders in Council did not all result in actual settlements. Governor 
Tonyn in 1776 sent home a list of these grants, 112 in number, of which 
only 16, whose total acreage was 222,000, had been actually settled. Well 
might Romans write of the "monopolisers of East Florida" who "even 
overlooked the most useful places there, and planted their baronies in 
the pine barrens." 46 Those who did make settlements are shown in the 
following tabulation. 

Grantees by Order in Council Who Settled Their Lands Before 1776 47 

Acres Acres 

Richard Oswald 20,000 William Knox 12,000 

John Tucker 20,000 Sir Edward Hawke 20,000 

Witter Cuming 5,000 Christopher Thornton 10,000 

Peter Taylor 10,000 Eichard Eussell 10,000 

Patrick Tonyn 20,000 Thomas Ashby 10,000 

Francis Levett 10,000 Denys Rolle 20,000 

Andrew Turnbull 20,000 Henry Strachey 10,000 

Sir William Duncan, Bt 20,000 Robert Bisset 5,000 

There were, of course, some reasons besides mere negligence for the 
failure of so many grantees to settle their lands. Denys Rolle found to 
his cost that it was virtually impossible to get legal enforcement of the 
indentures he had made with the settlers whom he brought over, and that 
several of his people were seduced from Rollestown to St. Augustine by 
the greater attractions of life in the capital. 48 Others suffered from delays 
arising in the surveyor general's office, others from dishonest agents. 49 
Other planters, when they did cultivate their lands, mostly did so with 
the labor of Negro slaves, and so violated the terms of their grants which 
required them to settle Protestant white families on their lands. 

Various schemes for the settlement of white families were made, but 
never reached the stage of formal grants. Dr. Stork offered to bring a 
number of industrious Germans, whom he could engage through his con- 
nections in Germany, if the government would provide him with the use 
of one of the King's sloops deemed unfit for public service. 50 A number 
of French Protestants, destined for South Carolina under an engagement 
with a Mr. McNutt, petitioned in the summer of 1763 through their agent, 
Monsieur Boutiton, to go to East Florida instead, but after considerable 
discussion by the Board of Trade, the original destination was accepted. 51 
A proposal of M. Vivegnis, transmitted by the British minister at Bonn, 
was to send over one thousand munitions workers from Liege, whom the 



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Mowat: East Florida as a British Province, 1763-1784 63 

end of the Seven Years' War had left unemployed, to establish a small- 
arms factory and a foundry for bombs, grenades, and cannon balls in 
Florida to supply the whole of America. This was rejected by the Board 
of Trade on the grounds that Parliament had provided no funds to assist 
such a settlement. 52 Antoine Louis de Norac, Chevalier Seigneur de la 
Tour Dupres de Wailly, petitioned in 1767 for twenty thousand acres on 
which to settle sixty Protestant French and Germans then in the environs 
of London, and promised one hundred and fifty more later. 53 John Daniel 
Roux, a citizen of Lausanne, petitioned the Board of Trade in 1772 for 
twelve thousand acres in East Florida on which to settle a colony of 
Swiss ; after three interviews the board recommended him for six thou- 
sand acres, but he died soon afterward, before going to the province. 54 
The proposal of a German, John Augustus Ernst, long resident in Eng- 
land, to settle Swiss and German Protestants on his tract of twenty thou- 
sand acres was equally barren. 55 So were the proposals of many other 
persons, most of them offering to settle German Protestant families on 
their land, two offering to settle Greeks and Levantines. 58 Talk in South 
Carolina of two shiploads of Germans from Hamburg being sent to East 
Florida by Sir Alexander Grant was also without foundation, as was the 
report that five hundred Highland clansmen, and emigrants from the 
Isle of Man and Normandy, were to be sent over. 57 

In 1773 a scheme was formed by four Swiss, James Samuel Loup, 
J. James Bonhole, Daniel Bereher, and Henry Dessoulavy, under the 
name of the Cape Florida Society, to obtain six thousand acres of the 
Earl of Dartmouth's land, on which to settle a number of foreign fam- 
ilies. De Brahm was the intermediary, and there was some haggling over 
the rent to be paid to Dartmouth after a lapse of years, also over an extra 
two thousand acres which the society desired. Eventually the scheme 
"ended in smoke," with the directors hinting that De Brahm's "oppres- 
sive disposition" was the trouble. 58 

A scheme which for a time looked more hopeful was proposed soon 
after Grant's arrival by John Savage, a childless Bermudian who had 
been settled in Charleston for thirty years and had prospered there. He 
inquired about a harbor site for a settlement, offering to pay a bounty 
of £5 per head for as many as two hundred persons (later increased to 
four hundred) to encourage poor families from Bermuda to emigrate 
to East Florida, where they were apparently to be employed in ship- 
building; he hoped that this example would encourage wealthier Ber- 
mudians to emigrate. Grant was enthusiastic about the project and 
offered a site south of Musketo Inlet where, according to the Scots Maga- 
zine, forty Bermudian families did settle in 1766. 59 Savage's proposal 



64 University of California Publications in History 

encouraged two other Bernmdians, Ephraim and John Gilbert, to peti- 
tion Grant for forty thousand acres on the St. Mary's and Nassau 
rivers on which to settle five hundred families, taking advantage of 
Savage's bounty. They were given warrants of survey, and De Brahm 
was ordered to lay out a town to be called New Bermuda on the bluff on 
St. Mary's River where John Goff then resided. 60 The town was planned, 
but never settled. About eighty families from Bermuda reached Savan- 
nah in January, 1766, and Sunbury in Georgia in the following August. 
They were dissuaded from going further, and while there were attacked 
by sickness of which many perished. The death of one of the Gilberts 
was a further discouragement and doomed the whole scheme. 81 

Thus the expansion of settlement and the growth of the population 
came to depend much more upon the attraction of Florida for indi- 
vidual families of settlers than upon the efforts of persons with Orders 
in Council from London. Yet the number of such immigrants can only 
be hazarded. 

One invaluable source of information on the growth of population is 
the "List of Inhabitants of East Florida, their Employs, Business and 
Qualifications, from 1763 to 1771" which De Brahm included in his 
"Report." This names each inhabitant, and gives his marital status. It in- 
cludes 144 married men, 144 men single or unspecified, making a total of 
288. To this De Brahm added : persons imported by Dr. Turnbull from 
Minorca and Greece, 1,400 ; Negroes, upwards of 900. 82 Of the 288 men 
named, however, of whom 28 were noted as being dead and 73 as having 
left the province, only about one-third (107) were planters, the re- 
mainder being office-holders, storekeepers, artisans and others resident 
in St. Augustine. Most of the planters, of whom 32 had died or left the 
province, were not cultivating large plantations, but really were small 
farmers. As a whole, these figures suggest a population for the province, 
about 1771, of around 3,000. 63 Smyth stated that before the Revolution 
there were scarcely one hundred white families in the whole country 
outside St. Augustine, and about the same number in the capital, if the 
garrison was not included. 64 Forbes, however, placed the population of 
the province in 1768 at 6,000, excluding troops and Indians. 85 If De 
Brahm's figure is accepted, it will be seen that it indicates a moderate 
increase over the previous Spanish population, since the figure for the 
latter, though also around 3,000, included the garrison. 

Another possible means of estimating the population is by reference 
to the records of land grants. These again, however, need to be handled 
with caution. They give little or no indication of the size of the families 
receiving land grants. They include persons who at different times ap- 



Mowat: East Florida as a British Province, 1763-1784 65 

plied for several grants, and persons who, in addition to local grants, 
acquired other acres by virtue of Orders in Council. Also included 
are persons who perhaps never made any settlement on land granted 
to them: often men obtained warrants of survey but never completed 
the process of obtaining a grant. In other cases a long interval elapsed 
between the obtaining of warrant and grant, perhaps while a prospector 
returned for his wife and family. Most serious objection of all, these 
records contain no mention of the backwoodsmen, the squatters, and 
the many men who purchased land instead of petitioning for a free 
grant. 88 Even so, the figures have some value. The following list gives 
the number of persons, year by year, who obtained for the first time a 
warrant of survey : it excludes persons who received land under Orders 
in Council, except when they petitioned locally for additional acres, 
though even then most of them were probably represented by an agent 
and were not themselves in the province. The list includes almost all 
the office-holders, many of the surveyors, some officers and members 
of the garrison staff, the soldiers, numbering only ten, who received 
land under the King's bounty, several agents for absentee proprietors, 
a few women (principally widows) and children, and a great number 
of humble persons — the real backbone of East Florida. "With this list 
may be compared Governor Grant's return of lands granted (mostly 
on family right) for the two years from midsummer 1765 to the mid- 
summer of 1767. This shows that the number of grantees was 60, and 
that the various families comprised 120 whites and 260 Negroes. 67 

Persons Obtaining Warrants of Survey from the East Florida Council 

for the First Time, 1764-1 7 75 68 

Tear Number Tear Number 

1764 1 1771 15 

1765 68 1772 27 

1766 43 1773 10 

1767 40 1774. 5 

1768 39 1775 36 

1769 31 

1770 27 Total 342 

These figures, incomplete as they are, fail to tell anything of the 
origins of the inhabitants and thus to reveal whether the intention of 
the British government was realized, that East Florida should draw 
colonists from the older and more populous American colonies and from 
continental Europe. Of the inhabitants of Rollestown and New Smyrna 
there is fairly definite information, of the rest mere gleanings. There is 
evidence of a southward as well as a westward movement in North 



66 University of California Publications in History 

America in the 1750's and 1760's. 69 This helped to people Georgia and 
the back country of South Carolina, and may have contributed also to 
the peopling of East Florida, though clearly many families made their 
homes in the two former colonies and journeyed no farther, particularly 
as the road on into East Florida was at first extremely bad, if indeed it 
existed at all. To come by sea was the best and normal means of approach. 

Certainly many of those who came were Americans. De Brahm de- 
clared that most of the experiments in raising different products had 
been made by native Americans and emigrants from the northern col- 
onies.™ Another source, however, provides rather a mixed bag. The 
Spaniards, on their return to Florida in 1784, made a census of the in- 
habitants, including those who were preparing to depart. The lists of 
names, which give also the country of origin of each person, are made up 
mainly of the refugees who had come from the Carolinas and Georgia 
during the war, and so are of less value for information about the inhabi- 
tants before 1775. Some of the latter, however, appear in the Spanish 
lists, and of twenty-six of these, five were English, seven Scottish, three 
Irish, two were from North Carolina and two from New York, and one 
each from Malta, Italy, Germany, Turkey, Switzerland, France, and 
Pennsylvania. 71 A Pole, Hrawbouski, who arrived in St. Augustine in 
1770, is mentioned elsewhere. 72 The Georgia Gazette in January, 1764, 
mentioned a great many blacksmiths and house carpenters, and fifteen 
bakers, as being engaged to go to Florida 73 — not necessarily East Florida. 
Several persons from Scotland, destined for East Florida, reached 
Charleston in December, 1767. 74 In January, 1772, sixty people from the 
Isle of Skye, part of three hundred who had already landed in North 
Carolina, arrived in East Florida and were persuaded to settle on the 
St. Mary's, in and about Hillsborough township, under their leader, John 
Bethune. They received help at the start from Moultrie, who, with Hills- 
borough's approval, provided them with two hundred bushels of Indian 
corn paid for out of the contingent fund at the cost of £40. 75 Many of 
them stayed, though some were apparently persuaded later to move to 
Georgia. 76 It was also recorded in 1768 that a number of Irish families 
sent out by Lord Moira reached East Florida, "and that the said Province 
continues to be peopled and cultivated very fast." 77 

As for slaves, they were called by Romans "the primum Mobile of the 
welfare of these countries and of the wealth of their inhabitants." 78 
Planters large and small seem to have made use of them, including Dr. 
Turnbull at New Smyrna. Some were brought from Georgia by planters 
like Francis Levett and Jermyn Wright. Many were country-bred 
Negroes of South Carolina who, it is said, dreaded being sent away to 



Mowat: East Florida as a British Province, 1763-1784 67 

Florida; Henry Laurens forwarded many of these slaves to various 
Florida planters, especially in 1768. Others were imported directly from 
Africa by Richard Oswald, who sent over three such cargoes, and had 
over one hundred Negroes on his plantation as early as 1767. It was re- 
ported in Charleston in November of that year that seventy Negroes 
from Africa, the first ever imported directly to East Florida, had re- 
cently arrived there, and that two thousand more were contracted for, 
to be brought next summer. Grant's estimate that there were six hundred 
working slaves in the province in 1767 is not far from De Brahm's figure 
of nine hundred in 1771. 79 

Various things discouraged the more rapid growth of population. 
The necessity of making personal application to the Council in St. Augus- 
tine both for a warrant of survey and for the completed grant prevented 
many from obtaining grants to which they were entitled. The fees pay- 
able in the surveyor general's office and to the governor, secretary, attor- 
ney general, clerk of the Council and other officials in the various stages 
of obtaining a grant were in the aggregate quite heavy. 80 Romans warned 
the prospective settler that the fees on 1,850 acres of land would amount 
to £35/4/8, of which £25/8/0 comprised the fees payable for the survey- 
ing of the land. 81 Grant once wrote that the surveyor general got about 
£26 for every 20,000-acre tract, while the other civil officers received less 
than £3. 82 Mulcaster's account of his fees for running out three 20,000- 
acre tracts for the three sons of the Earl of Dartmouth in 1775 amounted 
to about £88 each. 83 In addition, Romans estimated that a settler from 
New England or the middle colonies with a wife, four children, and two 
house-slaves would need a capital of $2,500 for passage money, provi- 
sions, tools, livestock, fees, construction of buildings, slaves, and initial 
living expenses ; even a poorer man needed a capital of $400. M The cost 
of living, in a relatively undeveloped country, was likely to be high. 85 
Furthermore, the large tracts of the absentee proprietors, left to lie in a 
"state of nature uncultivated and waste," 86 were a continual discourage- 
ment to prospectors and an obstruction to settlement by actual residents. 
Years later, in 1781, a committee of the East Florida Commons House of 
Assembly investigating the causes of the slow rate of settlement brought 
this out. It blamed in addition the ignorance of the land agents sent out 
by absentee proprietors, the restrictions under which the agents labored, 
the frequent losses of large sums which followed and which further dis- 
couraged investments, the threat of high quit rents, and the jealousy 
of neighboring colonies, which led to misrepresentations about East 
Florida. 87 

It was only by degrees that the roads necessary for the opening up of 



68 University of California Publications in History 

the country were constructed, though the accessibility of the coast and 
much of the interior by water somewhat offset this disadvantage. A road 
from St. Augustine northward to the Georgia border, later called the 
King's Road, was constructed about 1766, partly with the help of sub- 
scriptions raised by Governor Grant. He collected two hundred guineas 
locally, himself heading the list with a contribution of twenty-five 
guineas, and received further sums from friends in Charleston and 
Georgia. 88 In later years the road was extended southward by stages for 
twenty miles along the Matanzas River. 89 

Other roads were built as part of the program of public works car- 
ried out after Grant's departure by means of the savings which he had 
made out of the annual Parliamentary grants. His proposals included 
in addition the work on the public buildings in St. Augustine, the deep- 
ening of the channel over the bar at the mouths of the St. Mary's and the 
St. John's rivers, and the opening up of inland navigation between St. 
Augustine and the St. John's by means of a six-mile cut from the head 
of North River to Pabola Creek. The navigation improvements, whose 
cost was estimated at £3,000, were never carried out, but two of the three 
proposed roads were constructed between 1773 and 1776. They were : the 
continuation of the Matanzas Road to Timouka River at a cost of £300, 
thence to New Smyrna at a cost of £600, and from there through the 
southern settlements to Mr. Elliott's plantation for £200 ; a road to the 
northwest from St. Augustine — the first stage, to Cowf ord (site of Jack- 
sonville), on the St. John's, to cost £500, the second stage from Cowf ord 
to Hillsborough Town on the St. Mary's and the "Town of Arden" on 
Amelia Island to cost £700; and a third road from St. Augustine to 
Picolata, to cost £200. 90 This last road was not made. The southern road 
was made under contract by Robert Bisset for £1,150; the northern road 
was made as far as Cowf ord by Joshua Yellowley for £500, and thence 
to the ferry on St. Mary's River by Charles Wright for £301. 91 When the 
northern road was completed, a ferry and ferryman were maintained at 
Cowf ord at public expense. 92 

The construction of these roads must have done a good deal to encour- 
age the settlement of the country. So did the example of Grant and Moul- 
trie, who both were planters as well as heads of the government and who 
both made tours of the different parts of the province. Grant went by 
boat up the St. John's from Picolata to Lake George in 1767, Moultrie 
visited the plantations on the St. John's between Picolata and the mouth, 
and elsewhere. 

A few of the larger and of the smaller plantations may be referred to 
as typical of the settlement which actually took place. Governor Grant's 



Mowat: East Florida as a British Province, 1763-1784 69 

farm, the "villa," lay a short distance north of St. Augustine and was 
started in 1768, largely as an example to others : the governor undertook 
in conversation to send produce to London within a year and made this 
good by having his first crop of indigo ready to ship within that time. He 
had about 2,000 acres by his own account (though the total area of the 
land he granted himself was 5,958 acres) , and put forty Negroes on it at 
first. In a letter to the family friend and factor, Tammore, he estimated 
his expenses at £2,000 or £2,500 and counted on receiving remittances of 
£500 a year "upon the Change of London." "I go upon Indigo," he added, 
"which answers well." It evidently did, for in 1774 his farm produced as 
much as 5,460 pounds. It was left in the care of Alexander Skinner, who 
in 1775 reported "things going on tolerably," except that the "cursed 
worms" grew worse each year and had destroyed the second crop of 
indigo. 93 Governor Tonyn also had a plantation, but his was on the St. 
John's at "Broclair Bluff," where latterly Joseph Terreo lived as his 
overseer. 9 * 

More important in size were the estates of Lieutenant Governor Moul- 
trie. His claims for compensation after the return of Florida to Spain 
were based on his possession of twelve tracts of land, in all over 14,300 
acres. Many of these were uncleared and uncultivated, others had been 
extensively improved. His country seat, "Bella Vista," situated four 
miles from St. Augustine on the Matanzas River, was a considerable 
stone mansion, surrounded by park land including pleasure gardens and 
a bowling green, fish ponds, and walks planted with a great variety of 
trees. The house was burned by a band of Indians soon after the departure 
of the British. His second plantation, "Rosetta Place" on the Timouka 
River, dating from 1770, contained a "neat dwelling house" with ten 
rooms, a rice barn and rice-cleaning machine, two dams for flooding two 
hundred acres, and one hundred and fifty acres cleared for indigo. 
Seventy slaves were employed there. Other valuable tracts of his were 
on Woodcutter's Creek, where some twenty -five thousand trees had been 
boxed for turpentine, and one thousand acres called "limekiln or orange 
grove" on the Matanzas River. He was evidently a thoroughly progres- 
sive planter, who not only grew indigo, rice, and sugar, but also experi- 
mented with the making of wine and "salop" and had thoughts of 
making rum. 95 

Richard Oswald's principal plantation, "Mount Oswald," was on the 
Timouka River and dated from 1766. Here over a hundred slaves were 
employed from the outset ; there was a dwelling house, overseer's house, 
barns and other buildings, and four hundred acres of cleared land. The 
plantation was efficiently managed, and produced indigo and for a time 



70 University of California Publications in History 

sugar. Oswald's other tracts were less important." Captain Robert Bisset, 
another considerable planter from 1767 to 1784, had nine tracts of land 
including ninety-five hundred acres. He claimed to have made five settle- 
ments and cleared over five hundred acres. His principal establishment, 
which dated from 1771, was "Mount Plenty" or "Palmerina" in the 
Musketo district. Here he had a good frame dwelling house, offices, 
barns, indigo vats, and a Negro town accommodating seventy. 97 Lord 
Egmont's plantation was Amelia Island, containing eight or nine thou- 
sand acres of land. A town was laid out at the northern end in 1770. The 
land was under the care first of Martin Jollie, later of Stephen Egan, 
who was visited there by William Bartram. Indigo was raised success- 
fully, and Bartram described the island as "excellent hommocky land" 
suitable for "cotton, corn, batatas, and almost every other esculent vege- 
table." 98 

Most of the other plantations were quite small and were made up of 
local grants, which seldom exceeded one thousand acres and were usually 
much smaller. Even so, various local worthies acquired, by different 
grants, scattered lands totaling around three, four, or five thousand acres 
or even more. Among those were Alexander Gray, David Yeats, the Rev- 
erend John Forbes, 99 Martin Jollie, James Moncrief . The country home of 
"William Drayton, "Oak Forest," four and a half miles from St. Augus- 
tine, included a neat dwelling house, kitchen, storehouse, stables, car- 
riage house, and other offices, and one hundred and eighty acres. This 
came later into the possession of his successor as chief justice, James 
Hume. Drayton had many other small grants of land elsewhere in the 
province, including an island on Lake George. 100 Jesse Fish was allowed to 
keep Anastasia Island out of all the land which he and Gordon claimed to 
have purchased from the Spaniards. The land consisted of ten thousand 
acres notable for its date and olive trees and the sweetness of its oranges. 
Fish had an excellent garden and a "pretty retreat" four miles from St. 
Augustine, but the land was more pleasant than profitable. 101 Abraham 
Marshall's plantation, "Satonia" on the St. John's, is commemorated by a 
visit of William Bartram, who described it as extensively improved, the 
house standing on an eminence one hundred and fifty yards from the 
river, and having a spacious garden and lawn sloping down to the water, 
an orangery, and large plantations of indigo. Marshall's first grant was in 
1773. 102 Francis Philip Fatio, a Swiss from Berne who received his first 
grant of land in 1772 and who stayed on after the departure of the 
British to be one of the leading members of the community in the Spanish 
regime, had his plantation up the St. John's and called it "New Switzer- 
land." 103 Several other plantations along the St. John's were mentioned 



Mowat: East Florida as a British Province, 1763-1784 71 

by James Grant Forbes, including James Penman's "Jericho" and Fran- 
cis Levett's "Julianton." 104 Investigation of land grants and land-office 
papers would establish the size and location of the numerous small 
holdings on the St. Mary's, the St. John's, Nassau River, Twelve-Mile 
Swamp, Rain's Cowpens Creek and elsewhere, which did perhaps more 
than any of the larger estates to redeem East Florida from the "sandy 
desert" which it was often supposed to be. 105 

Two plantations of an unusual and important character remain to be 
mentioned. The first is that of Denys Rolle, situated at Mount Pleasant 
on the east bank of the St. John's between Picolata and Spalding's middle 
trading house; the place was then known as "Rollestown" or, rarely, as 
"Charlottenburgh," and was close to the site of the present town of Pal- 
atka. Here Rolle established himself soon after his arrival in East Flor- 
ida in September, 1764. He suffered many setbacks, so he claimed, from 
Grant's obstructive conduct toward him and the lack of proper law and 
order, and lost several of his indentured settlers whom the attractions of 
life in the disorderly capital enticed away from him. 108 He therefore re- 
turned to England after a year, but after receiving official encouragement 
he came back to Rollestown with a new group of forty -nine settlers : va- 
grants, beggars, and debtors from the London streets, they were called, 
while a later tradition included some fallen women in the population of 
this philanthropic colony. He again experienced various difficulties and 
returned once more to England in November, 1767. The colony had a fit- 
ful existence after this, occasionally receiving a shipload of shiftless set- 
tlers and twice being revisited by its eccentric founder. The use of Negro 
slaves brought it some spells of prosperity, broken at least once by a dis- 
honest agent. By 1782, when its total area exceeded eighty thousand 
acres, Rolle claimed that he had spent £23,000 upon it, and valued the 
land, buildings, and Negroes at £28,000. However, the commissioners for 
East Florida claims, when they came to his case, only gave him £6,597 out 
of the £19,886 which he demanded. 107 By 1823 all vestiges of Rollestown 
were gone, except for a few excavations and a long avenue, the beginning 
of a grand highway to St. Augustine. 108 

The other outstanding colony was Dr. Andrew Turnbull's settlement 
of Minorcans, Greeks, and Italians at New Smyrna on Musketo inlet, 
some sixty miles south of St. Augustine, which provided the best-known 
episode of the province's history. Its founder, a prosperous Scottish 
physician residing in London, had spent some years in Asia Minor and 
the Mediterranean countries, had married the daughter of a Greek mer- 
chant of Smyrna, and conceived the idea of colonizing Florida with 
families from a similar climate, skilled in the raising of semitropical 



72 University of California Publications in History 

products. 10 " The idea had also occurred to William Knox 110 aud to an un- 
known pamphleteer, Archibald Menzies, who advocated it in a four-page 
tract written from Megerny Castle, Perthshire, on October 23, 1763. m 

Turnbull, with financial backing from certain partners, gathered his 
colonists from the Peloponnesus and Leghorn, but mainly from the Brit- 
ish island of Minorca; 1,403 persons sailed under his auspices from 
Gibraltar in the spring of 1768 in eight vessels. They were established at 
New Smyrna early in August, where a week or so later a serious dis- 
turbance occurred among the Greeks and Italians ; the storehouse was 
raided and one of the overseers was fatally wounded, but the trouble was 
soon put down and the ringleaders subsequently tried at St. Augustine, 
two of them being executed. In the early years the colonists endured 
many hardships : scanty provisions, still more scanty clothing, living 
quarters in hastily improvised huts. The death rate in the first two years 
was very high, and, by 1778, 964 persons had died at New Smyrna. 1 ^ 
After 1773, however, the picture was brighter. A vistor described it as 
a delightful and flourishing place with some seven hundred settlers. 113 It 
had Protestant and Roman Catholic churches, the latter served by two 
priests brought from Minorca. The annual indigo crop began to reach 
respectable proportions. 

Later tradition, started by Romans in his Concise History, has held 
that the Minorcans were bound in a state of vassalage, given wretched 
meals in common messes, and forced to work in the fields like Negroes 
under brutal overseers ; the colony, Romans charged, was a "Bashawship 
from the Levant." Turnbull warmly contradicted these charges at a later 
time, and declared that, in addition to supporting the colonists, he had 
given them 99-year leases of land on shares of the produce. At any rate 
the settlement, like its founder, fell under the suspicion and animosity 
of Governor Tonyn. Some of the men, presenting testimony of the gross- 
est cruelties inflicted on them and their families by the overseers, were 
released from their indentures ; the rest either deserted or were released 
by Turnbull's agents. All migrated to St. Augustine, where their de- 
scendants remain to this day a part of the city's population. Turnbull, 
who had been kept in the province by protracted legal proceedings, in- 
stituted, supposedly, on behalf of his partners, removed to Charleston 
in 1781. His partners subsequently received £12,144 from the East 
Florida claims commissioners for the £28,990 which they claimed for the 
101,400-aere estate; 114 his heirs, presenting claims to the United States 
Commissioners in the 1820's to title to 40,300 acres, twice had their pleas 
rejected." 5 As for New Smyrna, nothing but the name and some of the 
irrigation canals remained to commemorate a very remarkable enter- 
prise. So far had the tide of British colonization ebbed in Florida. 



CHAPTER V 
A SHOWING IN THE TABLES OF TRADE 

Whatever progress might be made in the colonization of the 
province, its value and prosperity would be judged in Great 
Britain ultimately by the degree to which it contributed to the 
commerce of the empire. The statement of the Board of Trade in its re- 
port of 1768 that the "great object of Colonizing upon the Continent 
of North America has been to improve and extend the Commerce, Navi- 
gation and Manufactures of this Kingdom" 1 remained the orthodox doc- 
trine of a mercantilist empire whose constitution was to be found in the 
Navigation Acts and the other trade and revenue laws. The same stand- 
ard, that of the increase of trade, must be applied in estimating the 
progress of Florida under British rule and in judging its importance 
in comparison with the other British colonies of the day. 

Moreover, since the enforcement of the trade laws was one of the most 
important duties laid upon the governor 2 and one for which other officials 
were specially appointed, various tables and documents are available 
which give information on the actual trade of the province. The "naval 
officer," for instance, who was the governor's agent for the regulation of 
trade and who kept watch over the customs officers, kept accounts of all 
exports and imports. 3 The customs officers in turn kept records of their 
own. These officials were appointed by the Treasury or the Customs 
Board in London and were subject before 1767 to the surveyor general 
of the customs for the Southern District of North America, after 1767 
to the newly created and very unpopular American Board of Customs 
Commissioners, with headquarters at Boston. 4 Supervision of an outpost 
colony like East Florida was difficult, however: William Randall, the 
last surveyor general for the Southern District, visited St. Augustine 
in December, 1766, when he took his seat ex officio at the Council ; 5 George 
Mills, one of the inspectors general of the American board, visited the 
province in 1769. 6 The customs officers at St. Augustine were the comp- 
troller, the collector, and the searcher. 7 

Of the actual work of the customs service in East Florida the details 
are not easy to find. 8 What revenue was collected is not stated in an ac- 
count of the receipts of the customs duties collected at each port in 1769, 
in which the entry against St. Augustine remains blank. 9 It has been 
shown, however, that in pursuit of his duty of searching for and seizing 
1 For notes to chap, v, see pp. 191-193. 

[73] 



74 University of California Publications in History 

uncustomed goods the collector at St. Augustine followed the practice 
of the time and applied to Chief Justice Drayton for a general writ of 
assistance, ordering the law officers to assist him at any time, without a 
specific warrant, in searching places suspected to contain uncustomed 
goods. Though it is possible that such writs may have been issued in East 
Florida earlier, the request met in 1772 with a decisive rejection by the 
chief justice. Feeling against such writs was high in nearly every colony 
besides Massachusetts, where James Otis had fought the first round in the 
legal resistance to them. Colonial judges corresponded with each other on 
the subject, delays and refusals met requests for the writs in almost every 
case, and Drayton's refusal, though thoroughly consistent with his strong 
constitutional beliefs and the legal scholarship which he showed on other 
issues, may also have owed something to correspondence with his col- 
leagues elsewhere. At any rate his letter of November 17, 1772, refused 
a general writ of assistance in characteristically vigorous terms, claim- 
ing that it might be used "discretionally (perhaps without proper 
foundation) at the will of subordinate officers, to the injury of the rights 
of His Majesty's other loyal subjects." His refusal, it has been said, was 
"couched in language very similar to that of judges in other colonies and 
is as positive and clear as any on record." 10 

The customs officers were all stationed at St. Augustine, though its 
dangerous bar made it the object of much criticism as the sole port of 
entry. Troops being transported to and from St. Augustine had good 
reason to fear its hazards, as had many a civilian traveler. Dr. Schoepf 
called it "unquestionably the most dangerous" of the harbors of the 
southern Atlantic coast, its channels, whose depth ranged from four feet 
at low water to eight or nine feet at high tide, being narrow and crooked 
and subject to sudden shifts after storms. Great skill was needed in 
crossing the bar, as the waves were used to lift the vessel over the shallow- 
est parts and might easily drive it on to a bank, where it was soon laid 
over or knocked to pieces. In 1782, after the evacuation of Charleston, 
sixteen vessels laden with refugees and their effects went to pieces on it 
within two days, with the loss of many lives. 11 Other wrecks occurred 
from time to time, as recorded in the local gazettes, not only on the bar, 
but at other points on the coast. On the night of November 18, 1773, the 
Dover from Africa, with about one hundred Negroes on board, was 
wrecked on the coast a league south of New Smyrna with the loss of two 
mariners and about eighty Negroes. 15 It was no wonder that the in- 
habitants, like their neighbors in the Bahamas, kept a close watch for 
stranded ships and followed the ancient calling of wreckers. 13 

Such dangers gave rise to a demand that a second port of entry should 



Mowat: East Florida as a British Province, 1763-1784 75 

be designated, for which the mouth of the St. Mary's River was men- 
tioned as offering many advantages. A number of East Florida grantees 
and traders, all residents of Great Britain, presented a memorial to this 
effect to Lord Hillsborough in London in 1770, 14 and the Treasury agreed 
to make St. Mary's a port of entry, and appointed an officer for the place 
in 1770. In December of that year an Officer of the Customs for the Port 
of St. Mary's River was sworn in ; however, he deserted the post later 
because there was no trade there. 15 

The sea-borne commerce for which these arrangements were made 
was not large.* For over a decade when England's total imports were 
nearly stationary at about twelve million pounds annually, the exports 
of the two Floridas to England rose from nothing to a maximum, in the 
prerevolutionary years, of £22,335 in 1774. During the same period, 
when England's exports to all countries totaled about fifteen million 
pounds annually, Florida's imports from England rose from under 
£10,000 to a maximum of £66,647 in 1771. Even so, Florida's share in 
England's imports and exports for one of the best years, 1774, was very 
small, about one-twentieth the size of England's imports from the Caro- 
linas and one-seventh the size of England's exports to the Carolinas. 
However, Georgia's commercial progress was not much more rapid, and 
that of Nova Scotia was even slower. 18 The trade of all the American 
colonies was, however, so affected by political conditions in the late 
1760's and 1770's that all comparisons are likely to be misleading. 17 

A clearer picture can perhaps be gained from figures concerning ship- 
ping in the different ports, and here particulars for St. Augustine, and 
not merely for the Floridas, are available. The returns of the naval 
officer at St. Augustine exist for the period from November 14, 1764, 
to June 24, 1769, and give particulars of all ships clearing inwards and 
outwards. For the years 1768 to 1772 elaborate and comprehensive re- 
turns of American imports and exports from the various ports are to 
be found among the customs papers. 18 By 1768 the number of ships 
entering and clearing St. Augustine in a year had exceeded fifty, a 
number which compared favorably with the figures at Pensacola, though 
of course small in comparison with the shipping at Savannah and the 
great ports farther north, Charleston, Philadelphia, New York, and Bos- 
ton ; the St. Augustine total, for instance, was one-ninth of the number of 
ships entering Charleston in 1768. One or two ships each year came from 
Great Britain, Ireland, the Mediterranean, Africa, or the West Indies, 
but the majority were small coasting vessels, from Charleston, Savannah, 

* See the tables in Appendix I for amplification of this and the following para- 
graphs. 



76 University of California Publications in History 

or New York. Only about one ship in five was listed as a topsail, the 
remainder being sloops, mostly of small size. 19 The naval officer's returns, 
for 1764-1769, which give details of each ship, show that many of them 
were of 30, 25, 20 and even 12 or 10 tons. Larger was the St. Augustine 
Packet, a brig of 100 tons sent by Richard Oswald from London and 
Africa in 1767, and the snow Charlote of 80 tons sent by him from 
Dublin in 1769. Kender Mason and Arthur Jones, associated with "Witter 
Cuming in the contract for provisioning the troops, sent ships from 
London in 1766 and 1769 of 70 and 80 tons respectively. 20 

The importance of Charleston in the trade of East Florida stands out 
very sharply in these returns. With the shallow bar at St. Augustine 
it was natural that most goods from England and elsewhere should come 
by way of Charleston, where they were transshipped to smaller vessels 
for the last stage of the journey ; East Florida's exports also went mostly 
by the same route. But even without the advantage which the bar pro- 
vided, Charleston, as the commercial capital for all the southern colonies, 
was bound to play a large part in the trade of the province. Its mer- 
chants acted as agents for British investors with interests in Florida 
or themselves helped to finance settlements there; they supplied the 
plantations with rum, Negroes, and rice and in turn helped to market 
the articles which they produced. In these dealings none was more active 
than Henry Laurens, who in addition to being Grant's private business 
agent, was in correspondence with several East Florida planters, in- 
cluding Oswald, Moultrie, Dr. Turnbull, Francis Levett, Dr. Stork, and 
James Penman. He himself took out a grant of land from the East 
Florida Council and visited the province in the summer of 1766. One of 
his ships, the Brouton Island Packet, captained by Peter Bachop, was a 
frequent visitor to St. Augustine. It was this vessel which was subse- 
quently seized and was the subject of the trial in the vice-admiralty 
court in Charleston which turned Laurens against the judge of the 
court, Sir Egerton Leigh, and against the vice-admiralty jurisdiction 
as a whole. 21 Other frequent visitors on the coastal run were the schooner 
Mary, later replaced by the Expedition, Charleston vessels owned by 
Edwin Martin and Thomas Shirley and captained by Adam or Peter 
Bachop and later by John Doran ; the schooner Tryal, another Charles- 
ton vessel, owned and captained by Thomas Tucker; the sloop Polly; and 
the schooner East Florida Packet from Charleston, owned by Spencer 
Man, William Wilson, and Benjamin Barton. 22 In 1775 there were appar- 
ently three ships owned locally in East Florida, the Betsy under Captain 
Lofthouse which, according to Tonyn, carried the province's annual 
produce home, and the vessels of Captains Doran and Wallace. 23 



Moivat: East Florida as a British Province, 1763-1784 11 

The goods imported in these and other ships, mostly from other North 
American ports, comprised virtually every type of commodity. Large 
quantities of provisions were imported, such as bread, butter, flour, pork, 
apples, potatoes, sugar. Other imports included wine, beer and rum, 
powder and shot, saddles and leather goods, hardware, furniture, dry 
goods of every sort, shingles and scantling, livestock, Negroes. Ships 
clearing outward, however, were in ballast more often than not, and the 
various returns of American imports and exports for 1768-1772, in 
which dutiable and nondutiable goods imported and exported from and 
to Great Britain, Ireland, southern Europe, Africa, and the West In- 
dies were classified in several separate tables, have few, and often no, 
entries for St. Augustine. Duties collected on dutiable imports at St. 
Augustine in 1768, for example, totaled only £21/9/1, compared with 
totals of £210 at Pensacola, £206 at Savannah and £9,716 at New York. 
The entries for imports and exports coastwise are more extensive, though 
still small in comparison with corresponding entries elsewhere. 24 

Of the exports from St. Augustine, indigo was probably the most im- 
portant. Its production within the British empire was encouraged, not 
only by putting it on the list of enumerated articles and placing a duty on 
foreign indigo, but also by a bounty which, after 1763, stood at f ourpence 
a pound. 25 The indigo grown in East Florida was of good quality, and 
was said to be the equal of the best Spanish flora-indigo. 2 " But the prices 
it commanded, though better than those for Carolina indigo, remained 
below those fetched by the first and second grades of the Spanish prod- 
uct. 27 It was, therefore, worth while for the Charleston exporters at 
times to pack Carolina or Florida indigo in serons or French casks, in 
order to pass it off as genuine Spanish or French indigo. 28 Prices fetched 
by East Florida indigo ranged from three to eight shillings per pound ; 
some sold for eight shillings and ninepence a pound in London in 1771, 
and Forbes mentioned a top price there of eleven shillings and nine- 
pence in 1772. 29 

Export of indigo from St. Augustine to Great Britain began in 1770 
with 6,189 pounds, rose to 28,143 pounds in 1771, and stood at 22,119 
pounds in 1774. 30 From New Smyrna alone 43,283 pounds were exported 
between 1771 and 1777. 31 Charleston's annual export of indigo was, how- 
ever, around five hundred thousand pounds at this time, 32 and since the 
returns show that little or no indigo was exported from St. Augustine 
coastwise, this figure does not include any of Florida's crop. England's 
total imports of indigo in 1773 were over one and a half million pounds, 33 
so that Florida's contribution, important to the province, was small to 
the mother country. This contribution was, however, larger both abso- 



78 University of California Publications in History 

lutely and relatively during the years of the Revolutionary war. Ex- 
ports for the two best years were 58,295 pounds in 1776, 29,260 pounds 
in 1778 : 34 England's total imports of indigo for these years were 785,671, 
and 756,798 pounds. 85 In 1782 "Florida" contributed 125,533 pounds 
to England's total import of 569,443 pounds of indigo. 88 

The export of oranges, orange juice, and orange peel from East Florida 
at this time is of considerable interest. J. G. Forbes, writing fifty years 
later, stated that sweet oranges should be wilted and packed as apples 
for transportation, sour oranges squeezed into juice and the peel dried 
and used for marmalade or medicinal purposes. 87 In 1764, 21 barrels of 
oranges were exported ; in 1765, 62 barrels and 3 casks, and 21 barrels 
of orange juice; in 1766, 49,000 oranges as well as 20 barrels and 30 
casks of oranges and 6 barrels of the juice ; in 1767, 1,000 oranges and 40 
barrels of oranges; in 1768, 46 barrels of oranges, 5 quarter-casks of 
juice, and 3 hogsheads of peel. 88 In 1770, 50,000 oranges were exported, 39 
in 1776, 65,400. 40 In addition there were some shipments of lemons and 
limes, and Grant and others sent a few barrels of oranges as gifts to 
friends outside the province/ 1 

The cultivation of rice was encouraged by the extension to the Floridas 
of the privilege previously given to South Carolina and Georgia to 
export rice to points in Europe south of Cape Finisterre and to any 
part of America. 42 Grant, Moultrie, and others experimented with it, 
but in spite of high hopes little was produced for export, and before 
the Revolution over two hundred barrels were imported each year. In 
1776, 860 barrels were exported, in 1777, 1,167 barrels and 31 half- 
barrels, in 1778, 455 whole barrels, 33 half-barrels and 34 bags. 43 Of 
cotton from East Florida some samples were received in Charleston and 
London in the year 1767-1768, 44 and 200 pounds were exported to Eng- 
land in 1770. 45 Other exports, such as madder, cochineal, and honey, 
were in inconsiderable quantities. The cultivation of sugar, from which 
much had been hoped for, never got beyond the experimental stage and 
suffered from the occasional frosts. 48 

Three other exports, two belonging to the conditions of a frontier col- 
ony, the third still important in Florida's economy, deserve mention, 
namely, skins, timber, and naval stores. Skins and hides, principally 
deerskins, were exported in moderate quantities from the first, though 
the figures in no wise approached those for Pensacola, Savannah, or 
Charleston. Between 1770 and 1772, for example, St. Augustine ex- 
ported to England skins, both dressed and raw, in quantities of 6,348 
pounds, 3,990 pounds, and 468 pounds, in successive years. Correspond- 
ing exports from her neighbors were in five or six figures : Pensacola and 



Mowat: East Florida as a British Province, 1763-1784 79 

Mobile exported nearly two hundred and fifty thousand pounds of skins 
in 1771 ; and Charleston's figures each year were nearly as large. 47 In 
1776, St. Augustine exported 29,009 pounds, in 1777, 14,813 pounds, 
in 1778, only 3,467 pounds of deerskins ; there were also small exports 
of raw hides and tanned leather in those years. 48 Some timber — oak and 
cedar — was exported in small quantities in the 1760's and in larger 
quantities during the Revolution, when timbers, planks, staves and shin- 
gles of oak, pine, and cypress, hickory, mahogany, and logwood were 
shipped out. 40 The export of tar and turpentine had risen to 8,121 and 
1,979 barrels respectively in 1778 : 50 in 1782, Tonyn spoke of between 
20,000 and 30,000 barrels of turpentine remaining unsold, and presuma- 
bly the same amount of tar. 51 

During the years of the Revolution, the value of Florida's imports 
from England rose sharply until 1779, and then fell back to the old level. 
Exports to England increased in value, though the grand total of Eng- 
land's imports and exports alike fell during the war. 52 Shipping statis- 
tics for these years are not readily available : Tonyn's statement in 
November, 1776, that for some time there had been forty or fifty sail in 
the harbor of St. Augustine at once indicates, if it is reliable, that the 
harbor was busier than it had been during the years of peace. 53 But a 
survey of individual commodities exported would tend to show that East 
Florida's commercial progress, slow as it was, was neither greatly helped 
nor greatly harmed by the course of the American Revolution. 54 



> ; 1 



THE YEARS OF THE REVOLUTION 
1774-1784 



olc^ 



CHAPTER VI 

GOVEKNOR TONYN AND THE " INFLAMED 
FACTION" 

The arrival of the new governor, Patrick Tonyn, on March 1, 1774, 1 
began not merely a new regime in East Florida, but a new stage 
in its existence. The time was ominous : only fourteen days later 
Lord North was to introduce in Parliament the bill to close the port of 
Boston. The new governor would need all the skill and tact he could 
muster to lead the still infant colony through the testing times that lay 
ahead. 

There was little in his background to indicate what his conduct would 
be. An army man like his predecessor, he had been born in 1725 and had 
seen service in Germany during the Seven Years' War as a captain in 
the 6th Dragoons. In 1761 he had been made lieutenant colonel of 
the 104th Regiment; while in Florida he was promoted in 1777 to a 
colonelcy, in 1781 to be a major general. In 1798, when in retirement 
and at an advanced age, he was made a general. 2 He had received a land 
grant in East Florida under an Order in Council in 1768, 3 but had not 
apparently had any further interest in colonial matters until he wrote 
in January, 1773, from New Norfolk Street in London to the Earl of 
Dartmouth, soliciting for himself the governorship of East Florida, 4 
then vacant by Grant's resignation. Dartmouth's influence no doubt 
helped him to secure the appointment, as did that of his patrons, the 
Earl of Marchmont and George Rose, both men of some importance in 
the politics of the day. 6 His inauguration took place on March 9, 1774, 
with the customary ceremonies but with more elaboration than had ac- 
companied Grant's inauguration before a handful of officials in a gov- 
ernment then barely established. Part of the ceremony consisted of a 
service in the church, conducted by Forbes and Leadbeater. 

The problems which faced the new governor were not simple. Moul- 
trie's administration had been a troubled interregnum, and it would 
need tact and adroitness to resolve the discords latent in the province. 
Such gifts Governor Grant had possessed, for he managed to remain 
on good terms with all the principal figures — proud Moultrie, the am- 
bitious Dr. Turnbull, the legalistic and independent chief justice. In 
these qualities, and in those of urbanity, the hospitable instinct, punc- 
tuality in dealings with inferiors, tolerance, some belief in the value 
1 For notes to chap, vi, see pp. 194^-199. 

[83] 



84 University of California Publications in History 

of representative assemblies, and perhaps even honesty, Tonyn was 
lacking. In 1775 Mulcaster wrote to Grant, who had evidently left his 
furniture in the governor's house : 

Your furniture is in the same state ; nor do I see a prospect of its being settled. He 
shoves off Yates with by and by, and time enough, &c. His Excellency gave a dinner 
yesterday to the Fourteenth [Eegiment], and some others. It is the only one he has 
given since the one he gave to John Stuart, on his arrival; 7 and for this purpose he 
borrowed from Moultrie, his cook, Ned, and the mulatto woman, Hester. How he does 
when he is by himself, nobody knows. A very severe copy of verses appeared at 
Payne's corner lately about him, his lady, and their flogging of the negroes, &c. The 
author no one can guess at; but there was great truth in them, and they were not 
very bad. 8 

Dr. Turnbull charged the new governor with similar offenses : with 
cruelties often inflicted with his own hands, with partiality in making 
grants of land, with the creation of a monopoly in provisions for a 
favored profiteer, and with the giving of worthless bills on London in 
return for good money. 9 Drayton also made similar charges, to which 
he added that of untruthfulness, 10 and with justice alluded to the gov- 
ernor's "Idea of Subordination [which] was perhaps the Effect of his 
military, (which appears to have been his only) Education." 11 Of a 
house of assembly Tonyn wrote, explaining his unwillingness to summon 
one, that in the distracted crisis of affairs then existing it would only 
foster that spirit of faction and of licentious liberty which threatened 
to subvert and overthrow all government in America. 12 On another occa- 
sion he complained that in America the assembly instead of supporting 
the executive powers of government had in general set itself in opposi- 
tion to them and had consisted of men of most turbulent tempers and 
leveling principles. "Besides, my Lord," he added, "I apprehended that 
an alteration in circumstances, the Colonies being in rebellion might 
induce His Majesty to make some alterations in their Constitution and 
Government." 13 

Such views were hardly good equipment for the governor of a prov- 
ince in which the continued lack of an assembly was already a burning 
question. Tonyn, in fact, from the start made matters worse by taking 
sides, supporting Moultrie, who had resisted suggestions that an assem- 
bly should be summoned, and treating Drayton and Turnbull, Moultrie's 
rivals and the advocates of an assembly, as an "inflamed faction" to be 
crushed at all costs. He described finding "violent heats" and "jarring 
flames" in the province at his arrival, mentioned that no civilities and 
conversation passed between Drayton and the members of the Council 
"on meeting in a promiscuous company," and noted of Drayton that, 
when consulted about a new commission of the peace, he framed one 



Mowat: East Florida as a British Province, 1763-1784 85 

which carefully avoided the word "ordinance," and in general mini- 
mized the proclaiming power of the governor. 

I soon found his political principles were of the levelling kind, and of a piece with 
the seditions and rebellions in the other colonies, and to render himself popular and 
of consequence, he wished to degrade and reduce the authority of the Governor and 
Council, and to establish that source of sedition, the great bulwark of American 
liberty, a house of Assembly. 14 

He therefore showed only a "cold & distant Civility" toward him, con- 
sulted Moultrie or Forbes in preference to him, and declared in private, 
so Drayton claimed, that he would take the first opportunity to crush 
his pride and suspend him from office. Drayton even charged that he 
had fabricated a case against him which was brought forward in the 
Council in 1774, involving Drayton's release of a prisoner and refusal 
to cancel a recognizance. 15 This, however, was dismissed, a fact which 
Tonyn used to prove his initial attempts to conciliate the chief justice. 16 
Drayton ascribed the governor's attitude to his conviction that no one 
could be in the right who differed in any respect from the head of the 
government; the opponent at once became, in his eyes, one "flying in 
the Face of Government, factious, seditious, & rebellious." Drayton's 
occasional differences with him, which he claimed to be purely profes- 
sional, at once put him in that light. 17 To this must perhaps be added 
the hostility which developed between Tonyn and Turnbull, which, what- 
ever it owed to the doctor's friendship for Drayton, has also been 
ascribed to the fact that Turnbull discovered in Tonyn's wife an old 
acquaintance in Scotland and "concluded not to permit the usual 
courtesies between the governor's lady and his family." 18 

"Whatever the causes and extent of faction in the province, it was 
certainly not such as to menace its loyalty in a serious way. All the 
main currents carried it toward the loyal shore. The population was 
small and largely isolated from the people to the north. There were 
virtually no traders whose volume of business entitled them to be called 
merchants ; commercially the colony was largely dependent on Great 
Britain (though to some extent also on its northern neighbors), and 
financially and for the support of its government it was utterly so. The 
leaders were all office-holders, and most of them followed their interest 
in supporting the British cause; they seem in any event to have had little 
sympathy for the Americans. In spite of Drayton's efforts, there was 
little or no tradition of opposition to the government, as the quiet ac- 
ceptance of the stamp duties had shown. The coming of the loyalists, 
who were offered asylum and land by Tonyn's proclamation, 19 even 
though the greatest numbers did not arrive until 1782, only confirmed 



86 University of California Publications in History 

the province in its loyalty. When the news of the Declaration of Inde- 
pendence reached St. Augustine, effigies of John Hancock and Samuel 
Adams, so it is recorded, were burned on the Parade. 20 Moultrie's atti- 
tude was from the start decisive, for in spite of the enthusiasm with 
which the Charlestonian members of his family supported the American 
cause, he became an ardent loyalist, writing to his old friend, Grant, 
that East Florida had become "an eye-sore to our sister Colonies ; par- 
ticularly so to our foolish young sisters Georgia and Carolina." 

The southern people are madder than, the northern [he added], though I believe not 
such great rogues ; they have got to the highest pitch of raving madness ... I lament, 
as you may imagine, the present state of affairs, and the situation of most of my 
friends, who have been worked powerfully on, and have, to my great sorrow, taken 
a wrong way. . . . 21 

Hopes of East Florida's adherence to the American cause thus proved 
abortive. Though the Continental Congress, on October 22, 1774, had ap- 
proved a letter to the colonies of St. John, Nova Scotia, Georgia, and 
the Floridas recommending the adoption of the measures agreed upon 
by the congress, in May, 1775, East Florida, with some other colonies, 
was excommunicated by the prohibition of all exports destined for it. 22 
It is thus questionable whether Tonyn saved East Florida for the 
loyal cause or whether he made that salvation more difficult. The mili- 
tary threat to the province of an invasion from Georgia was never very 
serious, and was removed by the British capture of Savannah and of 
Charleston : the political danger raised by the inflamed faction was at 
least partly of Tonyn's making. In this respect his role is strikingly 
similar to that of the governor of another loyal province, Legge of Nova 
Scotia, with the difference that Legge's departure saved his province, 
while Tonyn's continued presence perhaps jeopardized his. Legge, an- 
other army man with little other experience, also violent in language, 
incapable of conciliation, and suspicious of representative assemblies, 
might, it seems, have been appointed to East Florida 23 rather than to 
Nova Scotia. In the latter province it was the successful petitions of the 
assembly and people to the King praying for his recall that helped to 
keep it on the loyal side, though it was attracted thither, in spite of its 
high proportion of Yankee stock, by commercial interest, British grants 
and salaries, British military and naval expenditures. 24 Perhaps Drayton 
was right in saying that, although he disagreed with the statement that 
"from Quebec to Pensacola there was not one of the King's Governors, 
who did not deserve hanging," yet he would say 

that from the machiavellian Administration of H in the North down to the 

blundering Tyranny of T in the South, many Crimes of Omission & Commission 



Mowat: East Florida as a British Province, 1763-1784 87 

in the general Conduct of the American Governors have marked the Annals of their 
History, & led the way to this ever-to-be-lamented Catastrophe. 25 

Studies of two other loyalist colonies, Bermuda and Quebec, 26 show that 
commercial advantage, naval protection and, in Quebec, the disinclina- 
tion of the habitants to trade the security of their Church and law under 
the British for the then doubtful advantages of American liberty, were 
strong enough to muffle the siren song of the Revolution if, as in East 
Florida, no strong American party existed. 

"What there was in East Florida was a party in opposition to the gov- 
ernor, of which Tonyn identified the principal members as Drayton, 
Turnbull, James Penman, one of St. Augustine's principal merchants, 
Spencer Man, a notary, business agent, and minor official, and Arthur 
Gordon, the attorney general. They had one demand to make, the demand 
for an assembly, and this certainly raised the same fundamental issue 
as was being raised and had been raised earlier in different forms in the 
other colonies which had reached political maturity : did the colonists 
have the rights of Englishmen, and what were those rights? 27 But to 
raise this issue was hardly disloyal. Penman and Man later proved their 
loyalty ; and the reply was justly made to the charge of faction that the 
word faction never existed in the province until Tonyn introduced it. 28 
The fact that Drayton and Turnbull opposed the governor was not in 
itself a proof that they headed an American party, nor is the fact of 
their later residence in the state of South Carolina. They had been on 
the weaker side in East Florida and had been forced out of the province; 
they may have felt that there was nowhere else to which they could go. 
Mulcaster's oblique but not unfriendly reference to Drayton in his letter 
to Grant in 1775 is hardly conclusive evidence that he supported the 
patriot cause : 

You will wonder, in the course of so long a letter, to hear nothing yet of the chief. 
He wisely remains at home; his schemes have sunk; and being in general looked 
upon as not quite stanch, few people go there. Penman is in Town, almost his only 
friend, but his business finds him sufficient employment ; besides, I don't think him 
quite so hearty in the cause as usual. The Carolinians and Georgians having ran- 
sacked his goods, detained them for three months, to his detriment and Payne's 
benefit, gives him not so favourable an opinion of American liberty. 29 

The political strife which resulted from these conditions took the 
form of a prolonged duel between the governor and the chief justice, 
resulting in the suspension of the latter, his reinstatement in London, 
followed by a second suspension and then by his resignation. Dr. Turn- 
bull was also suspended from his sinecure as secretary. An account of 
Drayton's fortunes during the Revolutionary years is thus identical with 



88 University of California Publications in History 

an account of the political fortunes of East Florida during the American 
Revolution. 

Drayton's side of the controversy was stated fully only in a manu- 
script which he prepared for publication in 1778, laid aside for a few 
years, and then expanded in 1782, but which never reached the press 
at all. This manuscript, "An Inquiry into the present State, and Ad- 
ministration of Affairs in the Province of East-Florida; with some 
Observations on the Case of the late Ch. Justice there," 80 was written 
impersonally, to the extent that the chief justice was referred to in the 
third person. Beginning with the apt quotation — "Quousq, tandem, 

, abutere Patientia nostra?" 31 — it was stated to be the work of a 

"Member of the British Empire," anxious for the general welfare of the 
whole, but particularly for the fate of the province, 32 jeopardized by its 
tyrannical governor. It described the condition of the province in 1774, 
referred to the quarrel between Drayton and Moultrie, and then re- 
counted, with supporting documents in the appendix, the various mis- 
demeanors of the governor, particularly the destruction of New Smyrna. 
Drayton's suspensions are referred to, but only in passing, and the 
reasons are certainly not all given. Such a work must therefore, in spite 
of its obvious importance, be used with considerable caution, and the 
main details of the controversy must rather be sought in the official 
correspondence, though that too is subject to obvious limitations. 

Of the immediate causes of Drayton's first suspension, the earliest 
concerned certain dealings which he had in 1774 with a respected in- 
habitant of Georgia, Jonathan Bryan, a former councilor and future 
member of the Georgia Committee of Safety. By Drayton's account the 
two men, who had not previously been acquainted though each was 
known to the other through family connections, had met in a bookseller's 
in Charleston some time in 1772. There Bryan had mentioned a scheme 
of his to obtain the cession of a large tract of land in East Florida from 
the Indians, provided he could obtain the necessary support to have 
such a grant confirmed. Drayton advised him to consult Governor Grant 
(whose return was still expected), but Bryan replied that Grant would 
drive too hard a bargain with him and that he wished to conduct the 
matter through a different channel. Drayton then offered to consult 
Turnbull and to enlist his influence in London in support of the appli- 
cation. Turnbull in time approved and promised his assistance, of which 
Drayton informed Bryan by letter in February, 1774. There the matter 
rested. 33 

Then in October, 1774, Bryan obtained from the Creek Indians a 
lease of an extensive tract of land near Alachua known as Apalache Old 



Mowat: East Florida as a British Province, 1763-1784 89 

Fields, in the part of East Florida not ceded by the Indians. Sir James 
Wright, the governor of Georgia, later persuaded the Indians that they 
had been deceived by Bryan, and they burned np the lease, but subse- 
quently Bryan got a second lease and set off to take possession of the 
land. 34 Wright, in informing Tonyn of this second transaction, added 
that it was confidently asserted that some gentlemen high in Tonyn's 
government were associated with Bryan; when pressed for details, he 
named Drayton and Turnbull, adding that they had promised to con- 
tribute as much as £500 toward obtaining the King's approval for the 
lease. 85 Before this piece of information had arrived, however, Tonyn 
had consulted Drayton about legal means to stop Bryan's proceedings 
and to arrest him for having violated the prohibition on the purchase of 
lands from the Indians contained in the Proclamation of 1763. Drayton 
on legal grounds refused his advice, later arguing that the matter might 
come before him judicially and supporting his contention by reference 
to a similar refusal of the chief justice of South Carolina in 1746, which 
had been upheld by one of the King's sergeants at law. 36 He did, how- 
ever, tell Tonyn in an interview on December 20, 1774, that Bryan could 
either be indicted for a contempt of the King's prerogative, or prosecuted 
for a trespass on King's land, but he strongly advised him to turn 
Bryan's transaction to public advantage by acquiring the land from him, 
and admitted his association with Bryan. Next day, just as Drayton 
was about to leave St. Augustine for Musketo, the assizes being just 
over, Tonyn sent for him and asked him to sign a warrant for Bryan's 
arrest. Drayton was reluctant, suggesting that the signature of Forbes, 
the assistant judge, would do as well, but Tonyn insisted, and Drayton 
eventually signed a warrant drawn by Gordon, the attorney general, 
though Tonyn objected to the expression it contained concerning land 
"claimed" by the King. All this was sufficient to cause Tonyn, in writing 
to Lord Dartmouth, the secretary of state, to accuse Drayton of being at 
the head of a faction opposed to the government and of sharing the prin- 
ciples of the people of Carolina in opposition to British authority, in 
support of which he mentioned Drayton's family connections with some 
of the leaders of the rebellion there. He also reported these events to the 
Council on December 26, and issued a proclamation against Bryan. 37 

Then at nine o'clock on the evening of January 12, 1775, Tonyn re- 
ceived word that Bryan was at the St. John's Biver, on his return from 
his trip to inspect the country he had leased. As the attorney general 
was out of town, he sent the provost marshal to Drayton to get a writ to 
seize Bryan, but received the answer that a writ could not be so used. 
In surprise, he sent back for a proper instrument, but Drayton replied 



90 University of California Publications in History 

with a promise to see him next morning. At that Tonyn went himself 
to Drayton's house, only to be told by Drayton's servants that he had 
already gone to bed, though it was before ten o'clock. Next morning, at 
eight o'clock, Drayton came to see Tonyn and gave him a homily on writs 
and warrants, but promised a warrant, which he brought between 
eleven and twelve. At that time he also brought a note from Bryan 
written from Mr. Hester's, on the St. John's, on January 11 explaining 
that he would have to wait there some days before coming to St. Augus- 
tine to see Drayton (as he had previously promised), because he could 
not procure a horse to carry him. This Drayton used in proof that the 
lease of Bryan's was not a clandestine arrangement, and he again argued 
in favor of the government's acquiring the land, and urged that a man 
of Bryan's age and position should at least be spared the indignity of 
arrest. Tonyn was unyielding, but delay ensued since Levett, the provost 
marshal (Tonyn's nephew), could not be found till between three and 
four o'clock. 38 Of the intended arrest Bryan received word from James 
Penman, who was on the way to Savannah, and sent a boat to tell him 
the provost marshal and a water-bailiff were after him. 39 "When this news 
reached him was afterwards disputed : Tonyn alleged that Levett reached 
Hester's on the afternoon of the fourteenth, to find that Bryan had left 
at three that morning ; 40 Drayton maintained that Levett was actually at 
Gimel's, a neighbor of Hester's, playing "Back Gammon" at the time 
when a youth who had seen Bryan landing close by, on his way to 
Gimel's, warned him of Levett's presence." At any rate Bryan, in alarm, 
fled into Georgia, sending a hasty note to two friends then in St. Augus- 
tine, Smith and Maequeen. 42 Tonyn received the note and the news from 
Drayton on January 17, and naturally blamed Bryan's escape on Dray- 
ton's delay in issuing the warrant, 43 though later Drayton tried to put 
the blame on Levett's game of backgammon. Tonyn reported these hap- 
penings to the Council on January 21, when it was resolved that a more 
circumstantial inquiry should be made, and Drayton and Turnbull called 
in on a later day. 44 There the matter was left for some time, as a rod in 
pickle for the malcontents. 

Tonyn's letter to Dartmouth of December 30, 1774, had given only half 
the story, but Dartmouth's reply was to condemn Bryan's fraudulent 
purchase as "big with the greatest Mischiefs," and Drayton's conduct as 
diametrically opposite to his duty and meriting, if persisted in, "the 
severest mark of His Majesty's just Displeasure." 45 This censure reached 
Tonyn and Drayton in an unexpected way. The letter was intercepted 
by the Americans at Charleston and forwarded to Drayton by his cousin, 
William Henry Drayton, with a covering letter telling that he was a 



Mowat: East Florida as a British Province, 1763-1784 91 

member of the Council of Safety and other of the Revolutionary com- 
mittees in South Carolina, declaring that there would soon be a Con- 
tinental Army, and writing "Peace, Peace, is now, not even in idea. A 
Civil War, in my opinion, is absolutely unavoidable." 46 Drayton sent 
Tonyn Dartmouth's letter as soon as he received it, on July 13, 1775, and 
asked for an interview for the next morning, when he read him part of 
his cousin's letter, saying that the rest concerned only family matters. 
Tonyn wanted the whole letter, and when he reported the affair to the 
Council on July 17, succeeded in obtaining a summons to Drayton to 
appear before it for interrogation. At the meeting on July 19, Drayton 
answered various questions about his cousin and their correspondence 
and made an offer to produce the letter, which was accepted. Tonyn was 
greatly excited by it, asserted that its information was of the highest 
importance, and later made it a charge against Drayton that he had not 
read it all at their first interview. Drayton pointed out that its news was 
common knowledge, and claimed to have read it all to Stuart and Mul- 
caster. Tonyn sent copies of it to Dartmouth and Gage, but the latter 
remarked that its contents were not unusual for the times.* 7 

This episode occurred at a critical time and was accompanied by an- 
other incident which needs to be considered in connection with it. When 
Tonyn was already much concerned with the news of mounting revolu- 
tion and was additionally upset by orders for a detachment of troops in 
the province to be sent to Governor Dunmore's assistance in Virginia, 
he received a further shock in an interview with Arthur Gordon, the 
attorney general, on the morning of July 18. Gordon, whom Tonyn 
described as "the image of wax of Mr. Drayton . . . his very Creature," 
disclosed that he had been appointed to the Council, on Moultrie's recom- 
mendation, in 1772, and asked Tonyn if he would have any objection to 
his applying for his mandamus. Tonyn replied noncommittally, where- 
upon Gordon answered "Then, Sir, I must beg leave to tell you, I have in 
my pocket, the King's Mandamus to be of the Council," and, in Tonyn's 
words, "he then drew the instrument of compulsion out of his pocket. 
Like some Highwayman would persuade you to give up your money, but 
when persuation wont do, he draws out his Pistol, and takes it." Tonyn 
suppressed his indignation at this method of presenting the mandamus — 
which, though dated August 4, 1772, had arrived in the mail only two 
days previously — and said that he would write to England about the 
matter. Gordon was not mentioned as a member of the Council in his 
instructions, he continued, the mandamus was not obtained with his per- 
mission, and he knew nothing about it ; Gordon might keep it if he chose. 
Gordon pointed out that the mandamus was a positive order from the 



92 University of California Publications in History 

King to the governor to admit him to the Council, and that he felt that 
he must apply to him officially on its receipt or be negligent in his duty. 48 

Accordingly, that same morning' 9 Gordon wrote to Tonyn declaring 
that he was ready to take his seat at the Council, in obedience to the 
King's commands, and delivered the letter to the messenger of the 
Council. He was kept waiting for two hours, while Tonyn and the mem- 
bers considered the matter. The Council, Tonyn wrote, were ready to 
proceed against Gordon and to suspend him, sensible of the unfair- 
ness of his proceedings, but Gordon would then be put on his defense 
and this would take time. Therefore Tonyn told the Council that the 
offense was personal to his office as governor, and that, as he would 
not suffer the smallest speck to be cast on the King's commission, he 
would admit Gordon, swear him in, and then, because "when a thing 
is to be done, I prefer the most spirited way of doing it," he would sus- 
pend him by virtue of the King's prerogative. Gordon was then called in, 
was administered the oaths, and took his seat. Tonyn then immediately 
declared him suspended for reasons which he would transmit to the 
King's ministers, and at 1 :30 p.m. he wrote Gordon to the same intent. 50 

This seemingly high-handed proceeding of Tonyn's, smacking of lese- 
majeste, can only be explained by his own accusation that Gordon was 
a member of Drayton's faction, which he gave as one reason, and by the 
fact that, at a time when Drayton's conduct was under consideration, 
he would not want to have at the Council table a representative of the 
faction, who would either get wind of the plans of the administration 
party or would prevent those plans from being officially discussed and 
matured. The other reason which Tonyn himself gave, that the Council's 
intention of investigating allegedly extortionate practices of attorneys 
in the courts made Gordon's presence at the time inappropriate, may or 
may not have had substance. In any event, the home government did not 
lift a finger to reinstate Gordon, though he remained attorney general 
until his death at the end of December, 1778. 

Shortly before this, the grand jury at the June Sessions of the Peace 
had made a presentment that was later to be used as another mark against 
Drayton. It presented the continued lack of a General Assembly as a 
very great grievance, and requested that a copy of the presentment be 
published in the Georgia and Carolina gazettes. In conformity with this, 
Drayton, for the court, ordered publication in this manner, as well as 
the posting of a copy at Payne's corner. 51 The presentments were laid 
before the Council on August 24, 52 but were not considered until Novem- 
ber 1. The storm that then broke over them was partly because it was 
claimed by Tonyn and the Council that the grand jury was, as always, 



Moivat: East Florida as a British Province, 1763-1784 93 

a body hand-picked by Drayton. Its members, some of whom presumably 
belonged to bis faction, included James Penman, as foreman, and eleven 
others. The Council was also of opinion that the presentment of the 
grievance, expressed with some measure of vehemence and dissatisfaction 
and published in neighboring provinces, was an indirect approbation 
of opposition to the government and a discouragement to persons from 
the rebellious colonies to come to East Florida for an asylum. Had the 
example of wise and prudent judges been followed, the resolution ran, 
the grand jury would have been informed by the judge that the grievance 
was imaginary, and he would, as his duty to King and country required, 
have softened its language if he was unable to quash it. Because he had 
not done so, Drayton was censured by the Council for having proceeded 
on measures and motives not altogether consonant with the peace and 
good order of the province, and with his duty, and as guilty of a great 
impropriety in ordering publication of the presentments ; of this censure 
he was sent a copy. 53 Drayton immediately asked for a hearing before the 
Council, but Tonyn denied it on the ground that the Council's resolu- 
tions were founded on incontrovertible facts, and in this he was upheld 
by the Council. 34 

As was expected by Tonyn, the response to this came from the grand 
jury at the December Sessions, to which Drayton repeated the Council's 
censure of himself. This jury, with Abraham Marshall as foreman, in- 
cluded several members of the June jury. It made no presentments, but 
in an address to Drayton paid tribute to his ability, integrity, and up- 
rightness, and expressed alarm that he had been "most insiduously at- 
tack'd in . . . [his] Judicial Capacity" and that the courts had been dic- 
tated to in a manner subversive of civil liberty. Further, in a set of 
observations on the Council's resolutions of November 1, it declared its 
right to make what presentments it pleased and defended their publica- 
tion. 55 Following this, Drayton, in a letter to Dartmouth, enclosed the 
lengthy reply to the Council's censure which he had not been allowed to 
deliver before the Council itself. He complained that he was censured 
without a hearing, and, quoting Blackstone, Lord Somers, precedents 
from Charles II's reign, and even Judge Gascoigne of Henry IV's time, 
charged that it was an attack on the judicial office and the right of 
petition. 58 

Meanwhile, another link had been forged in the chain of evidence that 
was soon to close round Drayton. An Indian half-breed, Thomas Gray, 
was sent by Bryan to Alachua in June, 1775, to confirm the lease of the 
lands and to win over the Indians to the American cause. Hearing of his 
journey, Tonyn got a warrant from an assistant judge (Forbes, no 



94 University of California Publications in History 

doubt) and had Gray arrested and brought to St. Augustine. There he 
was examined by Drayton, but, by Tonyn's account, was asked only such 
questions as would save him from blame. In private, however, Tonyn 
got him to confess by promising him a grant of land, and he later made 
a deposition before Forbes in which he told of being examined before the 
rebel Congress at Savannah. There Drayton's cousin, he stated, had 
asked him about military preparations in East Florida, and Bryan had 
said that Drayton was their particular friend, whose heart, though he 
was at St. Augustine, "earned toward" the American party, and that he 
and Penman gave them information of all that was going on there. 67 

Feeling now sure of his ground, Tonyn brought four charges against 
Drayton in the Council meeting of February 6, 1776. The first charged 
him with being concerned with Bryan's fraudulent dealings in Indian 
land in contempt of the King's prerogative and the Proclamation of 
1763; the second charged him with trying to prevent the proceedings 
against Bryan and delaying the provost marshal's departure on January 
12 and 13, 1775, long enough to permit Bryan to escape arrest ; the third 
charged want of candor and loyalty in pretending that the parts of the 
letter of "William Henry Drayton which he did not read to Tonyn on 
July 14, 1775, contained only private family affairs ; the fourth charged 
him with great impropriety and mischievous intentions toward the gov- 
ernment by encouraging the grand jury to pass observations on the 
Council's censure of himself and of presentments made at the Sessions 
of June, 1775, thus making it a kind of tribunal to judge the governor 
and Council, and by failing to deliver to the Council these observations 
and the calendar of prisoners of the Sessions of December, 1775. Dray- 
ton was sent a copy of the charges, in order that he might prepare his 
defense against them. 58 

Drayton delivered a written defense, and answered the members' ques- 
tions, at the Council meeting of February 12, 1776, 59 and appeared again 
before the Council next day. After his withdrawal, the charges were con- 
sidered one by one. Tonyn, in the grounds of his charges which he placed 
before the councilors, told his version of Drayton's doings during the 
past few years ; 60 later, in certain "Remarks and Observations on Mr. 
Drayton's conduct" — a sort of charge to the jury — he declared flatly : 
to speak more plain, I have not upon a thorough canvass of the Ideas floating in my 
own mind the least doubt of what Mr. Drayton's political principles are, they are 
in my Opinion of a piece with the factious leaders of the People in the other Colonies. 61 

Drayton made a dignified defense, admitting, for instance, association 
with Bryan but denying that he intended to support any acquisition of 
land in advance of official approval. He hinted that, if he was unsuccess- 



Mowat: East Florida as a British Province, 1763-1784 95 

ful before the Council, lie would appeal elsewhere, and declared that in 
any case he would continue to enjoy "what neither the Folly nor Knavery 
of Mankind can deprive me of, 'The Post of Honour in a private station.' " 
In his peroration he reminded the members of the Council, in deter- 
mining on his honor, not to forget their own. 62 

The Council, on February 13, 1776, faced with these accusations and 
the defense, unanimously supported the four charges, though refusing 
to give opinions on the points of law raised by Drayton to justify his 
attitude regarding Bryan's prosecution and the publication, unmodified, 
of grand jury presentments. Tonyn then put the question whether Dray- 
ton should be suspended from the office of chief justice until the King's 
pleasure was known, and the Council unanimously voted his suspension, 
of which he was immediately informed by letter. 63 Forbes was appointed 
to fill his place for the time being. 

The members of the body which took this action were Moultrie, Stuart, 
Catherwood, Holmes, Forbes, and Mulcaster. Martin Jollie, another 
member, was not present. He had only taken his seat on December 21, 
1775, though his mandamus was dated December 29, 1767. He had been 
absent from Florida in Georgia and elsewhere since 1771, but the ap- 
proach of the Eevolution had sent him back in 1775, when he resumed 
the seat on the bench as assistant judge which he had first taken in 
December, 1768. As a judge, he (along with Forbes) might have been 
implicated in one of the charges against Drayton, but Tonyn, at the 
meeting of the Council two days later, specifically stated that he had not 
called on Jollie as a member of the court, since he had seldom sat on the 
bench and was not concerned with Drayton's address to the grand jury 
in December, the principal part of that charge. 64 As for the members of 
the Council who had been present on February 13, they formed a group 
of men whose integrity could not seriously be questioned : most of them 
had served on the Council for several years, and only Catherwood and 
Holmes had characters to which exception could be taken. Their una- 
nimity therefore does much to support Tonyn's complaints against 
Drayton, if not all his suspicions. Drayton, however, maintained that 
two members (perhaps Stuart and Mulcaster, it may be hazarded) were 
so conscious of the injustice and so ashamed of being thought parties in 
it that they declared to several gentlemen that they had vigorously op- 
posed it and knew that it must be reversed in England. The fact remains, 
as Drayton admitted, that they voted with the rest according to the gov- 
ernor's desire. 65 

The suspension of a colonial chief justice was, of course, by no means 
unprecedented. The Act of Settlement, which had given judges in Eng- 



96 University of California Publications in History 

land tenure during good behavior, did not extend to their colonial 
brethren, and the suspension of Chief Justice Clifton of West Florida 
and of Livius of Quebec 66 showed again that East Florida merely shared 
the same problems as her sister provinces. Drayton's suspension, it 
should be noted, was not for any shortcomings in a judicial capacity. 
Tonyn declared that what he was charged with was deficiency in point 
of duty to the King and his government, 67 an admission that his suspen- 
sion was for political reasons. 

A few days later an advertisement was circulated calling upon the in- 
habitants of the province to meet at ten o'clock in the morning at Mr. 
Wood's Tavern in St. Augustine on February 29 (actually the meeting 
was on February 27, 1776) to draw up a loyal address to the King and 
to consider some other matters relating to the province. 68 At the meeting, 
with Dr. Turnbull in the chair, an address of a straightforward kind 
asserting the loyalty of the inhabitants 69 was proposed and approved, 
but on the question whether it should be transmitted by the governor or 
by Turnbull there was disagreement, though the majority voted that 
Turnbull should carry it to England. A few persons withdrew at that 
point, after which Turnbull read the charges against Drayton and his 
defense, and remarked, openly, according to Tonyn, but by his own 
account more or less as an aside, that in his opinion Drayton had fully 
justified himself. An address to Drayton was then proposed and signed. 70 

Tonyn dismissed these addresses as originating in an "inflamed Fac- 
tion," though he admitted that many well-disposed people had signed 
them. 71 Turnbull's later reply was that the signers included men of prop- 
erty and probity who had been on terms of intimacy with Governor 
Grant. 72 They numbered seventy-four, and Turnbull also signed "for 
upwards of two hundred Families" at New Smyrna ; the other signers in- 
cluded Spencer Man, Robert Bisset, Penman, Abraham Marshall, Fran- 
cis Philip Fatio, James Moncrief , and a number of the small traders and 
artisans of the town. 73 The next day, when Turnbull, Bisset, and a few 
others waited on Tonyn to inform him of the address, he told them he 
was glad to see such loyal sentiments but was surprised that no names 
were subscribed. Turnbull replied that he had the original to take home 
with him. Tonyn answered that he could not conceive that an address 
presented by a private person could be so graciously received as it would 
be through His Majesty's representative, and that he could not counte- 
nance such methods of driving things out of their proper channel ; he 
considered their bringing him only a copy of the address an insult, and 
when he received an insult he always knew how to treat it. He thereupon 
retired into another room. 74 Soon afterward Tonyn's adherents signed a 



Mowat: East Florida as a British Province, 1763-1784 97 

loyal address of their own. The signers numbered eighty-five and in- 
cluded the leading officials such as Moultrie, Forbes, Levett, Catherwood, 
Yeats, and Holmes, as well as several of the minor office-holders, artisans 
employed on public works, and a number of the smaller planters. 75 

A little later Tonyn received from Turnbull a reply to a letter of his re- 
questing to know the truth of the report that at the meeting of February 
27 he had read the charges against Drayton and his defense, and had 
asked if Drayton had not justified himself. 76 Turnbull's answer softened 
down the events of the meeting, protested his innocence, and asked why 
he was singled out for a statement, unless to gratify the resentment which 
Tonyn had shown toward the spokesmen for the meeting. 77 Tonyn justi- 
fied his request on the ground of Turnbull's official position as secretary 
of the province, and warned that he was going to lay the circumstances 
before the Council. 73 This he apparently intended as an intimation that 
Turnbull's presence would soon be requested at the Council. A week or 
so later a vessel was about to sail from St. Augustine to England, and 
Tonyn became alarmed that Turnbull might depart on it, and asked the 
captain if he had booked passage ; he was told that he had, but had later 
canceled it. He then sent Yeats to Turnbull to tell him that he wanted to 
see him, since he had heard he was leaving for England. Turnbull replied 
that he was merely going to see his son on board, but when the boat sailed, 
he was on board her too, to Tonyn's intense indignation and disgust. 79 

At the Council meeting of March 30, 1776, Tonyn related these cir- 
cumstances and asked whether Turnbull had not concerned himself with 
measures tending to bring the government of the province into contempt 
and had acted inconsistently with his duty as a crown servant. Finally, 
he put it to the question that, for these reasons and because of his clan- 
destine departure from the province without the governor's leave in writ- 
ing, Turnbull should be suspended as secretary and clerk of the Council. 
Jollie, who shortly afterward resigned from the Council, voted against 
both questions, but the rest agreed with the governor, and Turnbull was 
thereupon suspended. 80 For Tonyn it was really enough that Turnbull 
sympathized with Drayton and with the American cause, which point 
he proved to his own satisfaction by reference to a statement made by 
Turnbull in a debate with Moultrie in private company that America 
was in the right and the King's ministers in the wrong, and that Lord 
North would answer for it with his head. 81 

By this time Drayton and Turnbull were both on their way to England 
on the same ship, and by May 10, 1776, they arrived in London. 82 On May 
24 Lord George Germain, the secretary of state, attended the Board of 
Trade, and laid before it Tonyn's charges which had led to the suspen- 



98 University of California Publications in History 

sion of Drayton, informing the board that it was the King's pleasure that 
it should consider them and give its advice on the matter. On June 3, 
1776, the board interviewed Drayton and read a memorial of his in 
reply to Tonyn's charges. 83 Drayton had a clear field, for Tonyn's side 
of the story had not by then been received. Tonyn had not sent off the 
full official version of the case which he had compiled and the mass of 
corroborative documents which accompanied it until March 7, 1776, and 
this important dispatch was lost in the wreck of the packet off the Eng- 
lish coast; the duplicates were not received till August 22, 1776. More- 
over, Tonyn's letters of November 1 and December 30, 1775, detailing 
the presentments of the June and December grand juries and the Coun- 
cil's censure of the former and enclosing the damaging deposition of 
Thomas Gray of December 30, only reached Germain on June 3, 1776. 
Essentially, therefore, all that Germain had heard from Tonyn by the 
time the Board of Trade reviewed the case was of the dealings of Bryan 
and of Drayton's apparent attempts to shelter him, of Gray's mission 
and arrest, and of the meeting at Wood's Tavern on February 27 ; the 
dispatch of March 22, 1776, reached London on May 10, at the same time 
as Drayton and Turnbull. Germain had also received Drayton's letter 
of December 27, 1775, defending his conduct regarding the grand jury 
presentments. But for the loss of the packet with the dispatch of March 
7, 1776, Drayton's fate might have been different. 84 

As it was, the British government was for the time being embarking 
on a policy of conciliation rather than coercion. A sympathetic attitude 
toward Drayton was of a piece with the recall of Legge from Nova Scotia, 
and perhaps with the later recall of Carleton from Quebec. 85 As late as 
1781, in recommending the confirmation of a Jamaica Act to improve 
the tenure of judges, the Board of Trade remarked that the too frequent 
displacing of judges in the colonies upon light and ill-founded occasions 
called for some effectual check, exclusive of the late examples in East 
Florida and Quebec. 86 On this occasion therefore the board represented 
that Drayton had made satisfactory answers to the three charges against 
him (for, significantly, the charge of helping to prevent Bryan's arrest 
in January, 1775, through delaying to furnish a warrant was not men- 
tioned in the Board of Trade proceedings) , and it therefore recommended 
his restoration to office and the payment to him of his salary in full since 
the day of his suspension. 87 

The board's advice was accepted. Germain wrote to Tonyn informing 
him of Drayton's reinstatement and added that in times like the present 
it was much to be wished that all the King's faithful subjects would 
forego every small consideration and apply their attention to the public 



Moivat: East Florida as a British Province, 1763-1784 99 

safety and advantage. ss Later the secretary of state rebuked the governor 
even more bluntly. In acknowledging the dispatch of March 7, 1776, he 
regretted that party prejudice and private animosities were permitted to 
mix in public proceedings at a time when harmony among officials was 
particularly needed, and stated that the prevalence of a factious dis- 
position among officials was likely to be fomented rather than allayed 
by a conduct in the governor that appeared to be rather the effect of 
sudden passion than of moderation and sound policy. 89 

Later in the year, Dr. Turnbull entered the fray. On September 20, 
1776, a memorial of his complaining against Tonyn was read before the 
Board of Trade, and he was called in and asked to reduce his general 
charges to specific matters. 60 His reply was a further memorial charging 
Tonyn with partiality, swindling, cruelties, interference with the courts 
and other malpractices, and ending with the declaration that "by acting 
in every thing like a man lost to all Sense of Honour, Humanity, Decency, 
Credit and Reputation," he had lost the confidence of the people and was 
promoting insecurity. 91 In the meantime, Turnbull had received news of 
his suspension as secretary in absentia, and petitioned the Board of Trade 
for reinstatement. On receiving from the board a copy of the Council's 
proceedings against him, he returned a lengthy defense in which, among 
other matters, he answered the charge that he had departed from the 
province without leave by claiming that he had the governor's verbal 
leave, which was all that was necessary in Grant's time, and that he was 
afraid of being thrown into the dungeon in the fort. He made a counter- 
attack upon the character of three of the councilors, evidently Holmes, 
Catherwood, and Forbes, calling the latter two respectively a bad apothe- 
cary who rose to be a worse surgeon with a proverbial disregard of the 
truth, and a deputy chaplain of the garrison of a most infamous char- 
acter in many respects. He observed also that two of the ablest and most 
upright members (Stuart and Mulcaster) were absent at the time, leading 
him to suspect that the Council was packed for the business. 92 

The Board of Trade refused to recommend Turnbull's reinstatement, 
but under pressure from Germain he withdrew his charges against 
Tonyn. 93 In return, Germain wrote to Tonyn deprecating a discussion 
of their mutual charges and recommending him to remove the suspen- 
sion, on condition that Turnbull made suitable acknowledgment of his 
impropriety in quitting the province without written leave and gave 
assurances of a candid and respectful behavior in future. 94 

Both of Tonyn's black sheep therefore returned to East Florida. Dray- 
ton's arrival on September 3, 1776, was hardly auspicious, since he failed 
to pay Tonyn a visit and instead sent a brief note that he was ready to 



100 University of California Publications in History 

resume his office. 95 His explanation was that he had heard his return was 
a shock to Tonyn and he did not want to seem to triumph over him. 1 * 3 At 
their first meeting a month later he showed, according to Tonyn, a 
"Haughty Manner and Air" in complaining that a summons to give ad- 
vice to the Court of Chancery on short notice came to him on Sunday 
night, which he claimed was kept sacred for judges. 97 On the first public 
day which occurred, the King's birthday, he waited on Tonyn in the 
morning with his congratulations, somewhat to the governor's surprise, 98 
and claimed to have been publicly insulted by being omitted in the invi- 
tations to dine with the governor that evening, a fact which encouraged 
someone at the table to attempt to sing a "scurrilous & libellous Ballad 
(written by some dirty Sycophant)" against him. 99 Tonyn's retort was 
that he knew nothing of the ballad and that its singing was prevented ; 
and that apart from the impossibility of asking him to dinner when such 
coldness subsisted between them, he knew that Drayton had invited some 
officers to dine with him, thus insulting him as governor, since they had 
usually dined with him. 100 

Personal difficulties thus persisted, as did Drayton's sympathy with 
the Americans, in Tonyn's opinion, and his obstructive actions against 
the government. Writing in January, 1777, Tonyn sent Germain an ex- 
tract of a letter from an unnamed friend in Georgia, telling that the 
rebels there boasted of receiving regular intelligence from St. Augustine 
and that "our liberty gentry are very happy to hear that he [Drayton] 
is reinstated." 101 When certain American prisoners from Virginia, sent 
by Governor Dunmore to East Florida for safekeeping and committed 
to confinement in the fort by Tonyn's orders, applied for a writ of habeas 
corpus, Drayton, in a lengthy and learned argument before the court in 
which he cited many cases and rules from Coke, Salkeld, Plowden, 
Vaughan, and others, ordered their discharge on their giving bail to 
appear at the June Sessions. 102 Jermyn Wright, a refugee from Georgia, 
brought complaint of a judgment given against him in absentia in favor 
of a rebel arrested for high treason. 103 George Osborne, to whom Tonyn 
had given a letter of marque, was arrested, on a writ signed by Drayton, 
for a suit for £100 damages for carrying off some hogs and a small beef 
from Little Tybee Island in Georgia when returning from an attack on 
rebel ships at Bloody Point, South Carolina. 104 In general, Drayton 
denied Tonyn's power to grant letters of marque, 105 though he claimed 
that his denial was only in private and admitted that Tonyn's commission 
to Captain Mowbray in defense of the province was sound, though his 
commission to Osborne to plunder and take prizes was not. 106 

In March, 1777, further complaints of obstruction were made against 



Mowat: East Florida as a British Province, 1763-1784 101 

Drayton. He had released Cain, an Indian interpreter whom Forbes had 
committed to jail for tampering with the Indians; and had discharged 
one Jemeson of Georgia, suspected of being a spy. He had acted high- 
handedly in a suit brought by Tonyn against Lieutenant Colonel Fuser 
for libel, based on Fuser's assertion that Tonyn had opened and de- 
stroyed a letter he had put in the mails. Drayton admitted a letter from 
Fuser in his defense, after the grand jury had retired, and influenced 
the jury to throw out the indictment; some of the jurors, like Alexander 
Gray, intimated that the jury was entirely under Drayton's control and 
resented being bound to secrecy concerning Fuser's justificatory letter. 
Drayton also branded as illegal a warrant issued by Forbes for the im- 
pressment of horses, and cast aspersions on him as a judge. In general, 
Tonyn's complaint was that he got no help from the law department and 
that Drayton had revived the dying faction which censured every meas- 
ure of government. He asserted that Drayton was working to lessen 
respect for him by threatening to prosecute him as soon as he ceased to be 
governor, which Drayton "forebodes cannot be far distant." 107 

A month later Tonyn, in an answer to an earlier letter, was told by 
Germain that, if there was sufficient ground in Drayton's acts as a 
magistrate to suspect him of disaffection, he would not hesitate to recom- 
mend to the King his unfitness to continue in office. 108 Drayton's actions 
during the spring and summer of 1777 continued to give color to such 
suspicions, at the very time when the danger of an invasion by the 
Americans was acute. He brought suit for £1,000 damages against Mr. 
MacKie, the Rangers' surgeon, for a remark that in Carolina he was 
reckoned a friend to the American cause; he threatened to prosecute 
Brown, the commander of the Rangers, for £3,000 for similar asser- 
tions. 108 On his part, he called the Rangers a "Split Shirt Banditti" and 
a parcel of horse thieves and villains. 110 When, in the spring, Tonyn sum- 
moned a meeting at the courthouse to assemble the militia, Drayton and 
Gordon, alone of people of note, did not attend. 111 Drayton contended 
that he only learned of the meeting when he and his family were visiting 
Mr. Fish on Anastasia Island that day. He had, however, assiduously 
cultivated the friendship of the officers of the regular troops in the prov- 
ince (a fact which Tonyn held against both him and the officers), and 
claimed he had shown his loyalty by offering the services of his Negroes 
on the defense works and by enlisting as a volunteer in the 60th Regi- 
ment j 112 to this Tonyn in due course retorted that he hardly expected to 
see his chief justice, clothed in the regimentals of the corps, among the 
raw recruits or in the light infantry company scouring the woods beyond 
the St. John's or St. Mary's. 113 



102 University of California Publications in History 

At this time, also, Drayton, Penman, Spencer Man, Bisset, and others 
were recommending capitulation to the Americans rather than resist- 
ance. Several persons met at breakfast one morning at Penman's, where 
Bisset was staying on a visit, and there was talk of the weakness of the 
garrison and the uselessness of resistance. Drayton spoke of the blunders 
of the government and declared he would be the first to sign a petition 
for Tonyn's removal; he apparently joined in the general opinion which 
favored capitulation on the ground that the Americans' attack was to 
revenge the insults and depredations of the Rangers and Indians em- 
ployed by the governor in a "little dirty Petitte Guerre" that served only 
to irritate without being of any essential service. 114 

Lastly, the grand jury was again a source of trouble. Tonyn's accusa- 
tion on this head later was that Drayton had officiously mentioned in 
open court that he had been cleared of groundless charges, and had thus 
kept alive old animosities. 115 Drayton's reply to this was at best disin- 
genuous, for he admitted he had twice alluded to his vindication. In his 
charge to the grand jury in the June Sessions in 1777, he had said, in 
counseling unity and discouraging libels and calumnies against indi- 
viduals, that it might be supposed that he was alluding to his own case, 
but that he was not, and that he would never notice any slander and foul- 
mouthed falsehold, since he was conscious of his innocence and knew 
from his experience that he could have recourse to a just and impartial 
tribunal. 116 

Tonyn had, therefore, some ground for feeling that Drayton's conduct, 
while no doubt within the strict limits of the law, as he was careful to 
keep it, was certainly not helpful in a time of emergency. There were 
evidently others who felt as much, for an anonymous publication which 
circulated in St. Augustine propounded questions and gave answers 
which included the following : 

Which are the most salutary means to prevent a rebel attack? 
To bribe the commanding officer. 

If he will not accept a bribe, what are the best means to make a vigorous defence? 
Capitulate when the enemy is still a hundred miles off. 
How are loyal subjects' principles known to be true? 
By giving up the garrison to save private property. 
Why are refugees deemed rebels? 

Because they act from a principle of duty and disinterested regard for their sov- 
ereign and have risked lives and fortunes to prove their loyalty. 

When rebel prisoners are taken, how are they to be kept in close confinement ? 

By habeas corpus. 

How is a distinguished loyalist to testify his loyalty and courage? 

By playing bo-peep. 



Mowat: East Florida as a British Province, 1763-1784 103 

What is the general appellation of a loyal subject? 
"A d d Kebel, and a Cross Tree." m 

However, there were not lacking on the other side serious charges 
which Drayton made against Tonyn; but since the "Inquiry," in which 
they were brought forward and documented, was never published, they 
never reached the public or the government. One was that an overseer 
named Tomkins, who had refused employment under Tonyn, was brought 
into town by a party of soldiers on some groundless suspicion and then 
detained there by being refused the necessary pass with which to leave 
through the gates, at which guards were then kept. Another concerned 
Joseph Thomas, a discharged grenadier of the 9th Regiment, who came 
to town to complain of some depredations committed on his farm by the 
Rangers and was detained for three weeks until he consented to withdraw 
his action in return for a small compensation. Drayton criticized Tonyn 
for issuing a general warrant for the arrest of "George Mills, and one 
Doghearty, or Dottrie, & their Associates or Abetters, or any Rebels, who 
may be found within this Province," on the ground that it was made out 
against two harmless residents and was directed to "a very low, tho' 
indeed a very bold, Fellow, who kept a paltry dram-Shop on the Road." 
He condemned the governor's refusal to permit the discharge of a man 
from Georgia on the ground that, since that province paid no regard to 
the laws of England, its inhabitants were not entitled to the benefits of 
those laws elsewhere : "this was the Lex Talionis with a Vengeance !" He 
also charged Tonyn with persuading Alexander Gray, who was under 
arrest on another charge, to confess a judgment for £2,000 to himself, 
and then keeping him in prison on mesne process, although Gray had 
never owed him a shilling. Gray subsequently cut his throat in jail. All 
this led Drayton to attack the governor's chancery jurisdiction and to 
declare : "Despotism is not more completely enthroned in Morocco, or 
any Part of the East, than in East-Florida." 113 

In any event, Tonyn was determined by the autumn of 1777 to attempt 
once more to get rid of his chief justice. This time he prepared his ground 
carefully by collecting depositions and statements concerning Drayton's 
actions and remarks from a number of people, as well as assembling 
numerous corroborative documents. 118 Then on the eleventh, thirteenth, 
fifteenth, and sixteenth of December, 1777, the charges were considered 
and Drayton heard in his own defense. The charges were : his failure 
to pay Tonyn a personal visit on his return from England ; his officious 
mention in court of his honorable clearance of false and groundless 
charges, thus keeping alive old animosities ; his failure to attend at the 
assembling of the militia and his lack of support for it; his actions in 



104 University of California Publications in History 

reprobating measures of government; his recommendation of an in- 
glorious capitulation to the rebels ; his use of reproachful epithets about 
the Rangers in open court ; his questioning of Tonyn's letters of marque; 
his certifying a power of attorney for the rebel attorney general of 
Georgia in the case of Harvey versus Wright. 120 Drayton presented a 
lengthy written defense, which Tonyn answered with an extensive 
"Replication." 121 After consideration, the Council agreed that Drayton 
had been deficient in paying Tonyn the respect due him ; that he had 
observed an improper distance and in some instances a contempt ; and 
that this had been prejudicial to the King's service and had embarrassed 
government at an alarming crisis. On the last charge the Council would 
give no opinion, conceiving it to be a matter of law and of the judge's 
discretion. Tonyn then asked each member in turn whether he thought 
Drayton should be suspended; each replied in the affirmative, and Tonyn 
thereupon, for the second time, suspended Drayton as chief justice and 
wrote him a letter so informing him under the date December 16, 1777. 
The Council at this time consisted of Moultrie, Catherwood, Holmes, 
Forbes, and Benjamin Dodd, the provost marshal. 122 

At the December Sessions which followed next day, under the presi- 
dency of Forbes, once more installed as acting chief justice, some of the 
grand jurors came with a petition reflecting on Tonyn and speaking on 
behalf of Drayton. Other of the members sent Tonyn an address dissoci- 
ating themselves from this action. 123 A loyal address from inhabitants and 
refugees was further answer. 124 These things, together with the suspen- 
sion itself and his reasons for it, Tonyn related to Germain in his letter 
of January 19, 1778. 125 He received Germain's approval, though at the 
King's orders the whole matter, and all the papers, had been turned over 
to the Board of Trade for consideration. 126 

Drayton had sent a memorial presenting his side of the case and asking 
to make his defense before the board by counsel, since his private affairs 
prevented him from immediately proceeding to England. 127 In a letter to 
William Knox he gave as his reason his numerous young family and the 
fact that Mrs. Drayton was laboring under a long and dangerous dis- 
order, which he imputed solely to the repeated attacks upon himself. If 
the suspension was upheld, he continued, it would be impossible for him 
to remain in East Florida, and he therefore hoped for a speedy hearing 
so that he could if necessary assemble his effects and remove them else- 
where, "God Knows where." In February, 1778, he conveyed his estate, 
Oak Forest, to the Indian trading firm of Panton and Forbes, from 
whom his successor as chief justice, Hume, later acquired it. 128 Then, 
"wearied out by this constant Persecution," 129 he made the journey to 



Moivat: East Florida as a British Province, 1763-1784 105 

England, taking with Mm his wife and some of his family. His wife died 
while he was in England. He attended the Board of Trade, with his coun- 
sel, on May 12, when Germain was present. There was a further hearing 
on May 19, but on June 18, before the board had come to any decision, it 
received word of Drayton's resignation as chief justice and recommended 
he receive half the salary from the date of the suspension to that of the 
resignation. 130 

Thus ended Drayton's official career under Great Britain. No explana- 
tion of the reasons for his resignation has been found. If he was con- 
vinced of the hopelessness of his cause, as suggested by the sale of his 
property, then the journey to England seems unnecessary. If he was anx- 
ious to justify himself, it proved a tragic and expensive journey for the 
purpose, even though he won half of a half-year's salary. Perhaps he was 
led to expect a colonial position elsewhere and so was persuaded to resign. 
Perhaps he found the official atmosphere in London chilly toward him, 
and, grief-stricken at his wife's death, decided to give up the struggle 
and turn to kinsfolk and friends in Charleston. He was in Charleston in 
1780, if not earlier, and lived there, or rather at Magnolia Gardens 
nearby, after the British evacuation, until his death in 1790. He became 
a judge of the admiralty court in the state of South Carolina, an associate 
justice of the supreme court of the state, and the first judge of the United 
States District Court for South Carolina. 131 His will, telling of debts 
increased by war and by the denial of any compensation for his East 
Florida lands, was witnessed by his friend, Dr. Turnbull. 132 

With the departure of the man whom he regarded as the leader of the 
"inflamed faction," Tonyn might feel that the loyalty of the province 
was more firmly assured, the more so after the British reconquest of 
Georgia in 1779. But there were still other leading figures of the opposi- 
tion remaining in East Florida. Gordon died at the end of 1778. James 
Penman, whom Tonyn called "chief gladiator to Drayton," Spencer Man, 
and Dr. Turnbull were all marked with the stain of faction, and in May, 
1780, the governor wrote to General Sir Henry Clinton, the commander 
in chief of the British forces in America, warning him against the employ- 
ment of any of them in the army departments in the South. 133 The asper- 
sion against Penman and Man seems unmerited, since both of them 
advanced considerable sums of money for the strengthening of St. Augus- 
tine's defenses in 1779, when Tonyn and the other leaders provided no 
assistance to the military authorities ; at the time Penman declared that 
he had already advanced large sums to the loyalists of Carolina. 134 At any 
rate Tonyn's warning was not heeded. Penman became a councilor and 
a commissioner of claims in the resurrected province of Georgia in 1779, 



106 University of California Publications in History 

as did Martin Jollie, another ambiguous figure. Jollie was also naval 
officer in Georgia, and later removed to Exuma in the Bahamas. 186 In 
1781 and 1782 Penman was apparently in business in Charleston, and an 
advertisement of his appeared there in 1784, long after the British 
occupation had ended. 136 Later he removed to London, 137 though his name 
appears in a "List of East Florida claimants who emigrated to the Re- 
volted American States," which includes also the names of Drayton, Dr. 
Turnbull, Spencer Mason (Man?), and Andrew Turnbull, Junior. 138 
However, his loyalty and Man's and Jollie's were sufficient to earn for 
them compensation from the British government for their claims after 
the cession of East Florida. 139 

Dr. Turnbull suffered indignities and hardships more bitter than those 
endured by any of the others in the hated faction. He was reinstated in 
the sinecure of the secretaryship but was prevented byTonyn from acting 
as clerk of the Council, on the ground that it was a confidential position. 
He was, Tonyn wrote, too proud ever to wait on the governor, though he 
passed his house nearly every day : instead he wrote letters "in a pert and 
insolent stile." 140 Meanwhile, the New Smyrna settlement was breaking 
up through the desertion of the Minorcans to St. Augustine, possibly not 
without some encouragement from Tonyn. On February 17, 1780, Tonyn, 
as chancellor, issued a writ ne exeat regno vel provincia against Turnbull, 
ordering the provost marshal to demand bail to the sum of £4,000 from 
him for his remaining in the province, or else to keep him in custody, 
alleging that he intended to default on heavy debts to his partners in 
the New Smyrna enterprise. 141 As a result he was kept in custody for a 
year. In May, 1781, he was released, and went to Charleston, then in 
British possession, where, in spite of Tonyn's warning, he was permitted 
to resume his profession of medicine. He was not suspended as secretary 
of East Florida and received the salary until June, 1785, though Yeats 
did the work as deputy secretary. 14 " He remained in Charleston after the 
British evacuation and from there, as from St. Augustine previously, he 
wrote lengthy letters to Germain and to Lord Shelburne, complaining 
that Tonyn's action as chancellor made that court worse than any he had 
seen in Turkey, accusing Tonyn of embezzling funds supposedly applied 
to the Rangers and the provincial navy, asking to be continued as secre- 
tary of East Florida, and finally soliciting to go as the companion and 
physician of Shelburne's son when he went on the "grand tour." 143 His 
death occurred in 1792 in Charleston, where he was highly respected 
and was one of the earliest members of the South Carolina Medical 
Society. 144 Long before then East Florida, for all its loyalty and Tonyn's 
efforts, had been restored by Great Britain to the crown of Spain. 



CHAPTER VII 
"A LITTLE DIRTY PETITTE GUERRE" 

The danger to East Florida of a war between the American colonies 
and Great Britain was thrown into sharp relief as early as August 
7, 1775, by the exploit of the rebel sloop from Charleston com- 
manded by Captain Clement Lempriere which attacked Lofthouse's 
Betsy off the bar of St. Augustine and carried off a supply of gunpowder 
consigned to the garrison and the local merchants. The Council at once 
considered the matter and subsequently agreed to the publication of a 
proclamation offering £200 for the apprehension of Captain Lempriere 
or any of his associates. 1 

Nevertheless East Florida never became a real theater of war during 
the years which followed, though she seemed always to be on the verge 
of becoming so. In 1776 and 1777 there were raids and counterraids, 
chiefly with the object of driving cattle, between Georgia and East 
Florida. In the summer of 1777 the Americans began an invasion from 
Georgia, and repeated the attempt on a larger scale a year later. These 
were not, however, major operations and were not pushed with sufficient 
vigor to bring success to the American forces. Later in 1778 troops from 
East Florida took part in the operations in Georgia preceding and fol- 
lowing the capture of Savannah. This and the subsequent occupation of 
Charleston by the British in May, 1780, drew northward the scene of the 
war in the South, and relieved East Florida of any further danger from 
that quarter. By then, however, Spain had joined France in the war 
against England, and had begun the operations which led to the re- 
conquest of West Florida. The sister province was thereafter in constant 
fear of a Spanish attack, the more so since Spain's object in entering the 
war, the regaining of Florida, was never concealed. Since this never 
materialized, East Florida's part in the war remained secondary to the 
operations elsewhere, and is of interest as much for the renewed strain 
which it imposed on the relations of the military and civil authorities 
in the province as for its purely military aspects. 

The garrison of St. Augustine at the beginning of 1775, made up of 
the 14th Regiment, was seriously weakened by the dispatch of two de- 
tachments, comprising one hundred and sixty men, to Williamsburg, 
Virginia, in July and September of that year. These were sent on orders 
from General Gage at the urgent request of Governor Dunmore and in 
1 For notes to chap, vii, see pp. 200-204. 

[107] 



108 University of California Publications in History 

spite of vigorous protests made by Tonyn at their departure. 2 This left, 
besides the small detachment of the Royal Artillery, a force of ninety- 
eight rank and file and twenty-four officers and other effectives at St. 
Augustine, and twenty-three men on command at the different posts in 
the province, New Smyrna, Matanzas, Cowford, the lookout house, and 
St. John's. 3 The arrival from Pensaeola of three companies of the 16th 
Regiment under Captain Colin Graham in December, 1775, brought some 
reinforcement f and in the following April three companies of the 60th 
Regiment brought a further increase to the garrison. By the end of the 
year other companies of this regiment had arrived, so that altogether 
there were in the province three companies of the 2d battalion and six 
of the 4th, both made up largely of recruits from England and Hanover, 
as these battalions had only been revived at the outbreak of the war. This 
regiment was then known as the Royal Americans, and later became the 
King's Royal Rifle Corps. 5 The companies of the 14th departed for New 
York some time later, apparently in 1777, 6 and the operations in Georgia 
in 1778 and 1779 removed the companies of the 16th Regiment as well 
as men of the 60th to the number of four hundred. 7 Some of the latter 
were subsequently sent back from Savannah. 8 In May, 1780, the troops 
in East Florida consisted of three companies of the 60th, comprising, 
besides the commissioned and noncommissioned officers and the drum- 
mers, four hundred and fifty-four rank and file, of whom thirty-six were 
detached at the Bluff on the St. John's, Musketo, Matanzas, and the look- 
out house. 9 The men of the 60th remained in East Florida until 1782. 
The senior officer in the province from the arrival of the 60th was Colo- 
nel Augustine Prevost of that regiment. He was another of the Swiss 
military men like General Haldimand who distinguished themselves in 
the British army during the eighteenth century, though his son, the Gov- 
ernor General of Canada during the War of 1812, became even better 
known. His brother, Major James Mark Prevost, was also in East Florida 
with the regiment. 10 Augustine Prevost was promoted brigadier general 
in April, 1777, and was given command of the troops in East Florida. 11 
His headquarters at St. Augustine thus for a time restored the town to a 
position of some military importance, though in a theater where opera- 
tions at first were few. After his departure for Savannah, where he was 
in command until 1780 and won fame by his gallant defense of the town 
against the attack of D'Estaing and the Americans, the local command in 
East Florida was held by Lieutenant Colonel Lewis V. Fuser of the 60th 
until his death in January, 1780. 12 Fuser was succeeded by Major Beams- 
ley Glasier 13 (subsequently lieutenant colonel), who was in command 
until the departure of the 60th in 1782. The command was then given to 



Mowat: East Florida as a British Province, 1763-1784 109 

Lieutenant Colonel Archibald McArthur of the 60th, 14 and after the 
evacuation of Charleston, which had been the headquarters of the South- 
ern District under Lieutenant General Alexander Leslie, 15 McArthur 
was given the rank of brigadier general in command of the Southern 
District. 18 Thus in the closing days of the province the headquarters were 
once more established at St. Augustine. 

In addition to the regular troops, arrangements were made for the 
establishment of a militia. The matter was first discussed by the Council 
in February, 1776, when the establishment of a volunteer company and 
a troop of light horse was proposed. However, the proclamation prepared 
for the purpose was not then published, though another proclamation 
was issued requiring all loyal subjects to give information and bring to 
justice any persons corresponding with the rebels. 17 Returns were re- 
ceived in March from the outlying districts, which showed that there 
were forty-two white inhabitants fit to bear arms on the St. Mary's and 
Nassau rivers, fifty-three on the St. John's, and two hundred persons 
between the ages of sixteen and fifty at New Smyrna. 18 In August a 
proclamation was published ordering all loyal subjects to meet and 
embody themselves under proper officers for the defense of the province ; 
the same document forbade the keeping of boats on the west side of the 
St. John's and St. Sebastian's Creek after sunset and prohibited anyone 
from passing the St. John's River without written leave from the gov- 
ernor. 19 The meeting place of the militia was to be the statehouse, and 
the establishment was to consist of Moultrie as colonel, Bisset as lieu- 
tenant colonel, Benjamin Dodd as major, and one captain, one lieu- 
tenant, two sergeants, two corporals and twenty-five private sentries in 
each company. Two companies were to be raised on the St. John's, four 
at St. Augustine, one at New Smyrna, and four black companies from 
elsewhere. What services the militia actually performed are uncertain, 
though it was claimed later that on an occasion when the regulars under 
Glasier had to encamp, the inhabitants as militia mounted the guards, 
patrolled, and did the town duty without receiving any pay, rations or 
arms from the government. 20 Brigadier General McArthur, writing in 
May, 1783, stated that the militia was formed into eight regiments of 
some two hundred each, but asserted that it had never been properly 
mustered. 21 Lieutenant Colonel Fuser issued a proclamation of his own 
in June, 1778, inviting everyone who had not entered the militia to 
meet him on the grand parade at eleven in the morning on the twenty- 
ninth, to give his name, show his arms, and be assigned his station in 
case of alarm, on pain of being considered a coward, disaffected, and a 
notorious rebel. 22 



110 University of California Publications in History 

Much more controversial was Tonyn's organization of a provincial 
corps known as the East Florida Hangers in 1776. Their commander was 
Thomas Brown, who had been tarred and feathered and forced to leave 
his plantation near Augusta, Georgia, for his Tory principles. He was 
a man of education and good standing, and his career in British service 
during the war was a distinguished one, though the Americans charged 
him with showing extreme cruelty toward them. 23 Another man, appar- 
ently a member of the corps, whose reputation later was more open to 
dispute, was Daniel McGirtt, a native of the Kershaw district in South 
Carolina. He was at first active in the American cause and valuable from 
his experience as a hunter, but got into trouble with an officer who 
coveted his favorite mare, Grey Goose, was whipped, confined, escaped, 
and, joining forces with the British, devoted himself to wreaking his 
vengeance on the Americans with the aid of his hard-riding, plundering 
body of horsemen. 24 The Rangers consisted ultimately of some one hun- 
dred and thirty men, both inhabitants of East Florida and refugees from 
Georgia and Carolina, engaged to serve for three years and organized in 
four companies. They received their clothing, provisions, and one shilling 
a day, but provided their own horses. Brown was given by Tonyn the 
rank of lieutenant colonel; the staff under him consisted of a major, 
four captains, four lieutenants, one surgeon and his mate, besides a 
paymaster and commissary. 25 

The existence of this corps aroused the old feud between the civil and 
military authority, the protagonists being now Tonyn and Prevost. Dur- 
ing the war the regular troops were under the orders of the commander 
in chief and the majors and brigadier generals, whose orders were 
supreme over them j 26 but the Bangers were outside Prevost's authority, 
a fact particularly galling to him after his promotion to brigadier gen- 
eral. He pointed out that army provisions were requested for them, and 
charged that they were permitted to plunder freely. 27 Tonyn, who 
claimed that before Prevost's appointment as brigadier he had studiously 
avoided anything which might create jealousy by requesting rather than 
demanding military services (which must have irked Prevost as a dis- 
tinction without a difference), denied that Prevost's new rank gave him 
any increased power over him as governor, and argued that he retained 
sole authority over the Rangers under the King's commission to him to 
levy and arm the inhabitants of the province. He agreed, however, that 
when the Rangers were on service with the troops, they were under 
Prevost's commands. 28 

Naturally, this was far from satisfactory to Prevost, and he renewed 
his request for the command over the Rangers in December, 1777. 29 



Mowat: East Florida as a British Province, 1763-1784 111 

Tonyn would go no further than to promise that he would always give 
orders for them to act in accordance with whatever Prevost required of 
him in specific instances. 30 He then appealed both to Germain and to 
General Sir William Howe, then commander in chief in America, and 
defended the Rangers for their services in scouring the woods, bring- 
ing intelligence, foraging, and driving cattle from Georgia, cooperating 
with the Indians, defending outlying settlements, and in general per- 
forming services which the regulars were incapable of doing. 31 It may 
be interjected that one of their activities, driving cattle from Georgia, 
besides being much criticized by Drayton and others as provoking 
fierce retaliatory raids on East Florida plantations, may also have 
given Tonyn a material interest in their existence. The charge that he 
profited from the sale of the stolen cattle is borne out by one of the 
officers of the 60th Regiment, who wrote that in one raid the Rangers 
brought eighteen hundred head of cattle to the St. John's, where they 
were sold "by Government or Tonyn to Messrs. Mackenzie, and Pontio 
Sanchez, for 25 shillings per head, who sold the Beef at 3d. per pound 
in the public market." 32 

Prevost then made his complaint directly to General Howe, urging the 
difficulty arising from the want of unanimity and harmony among 
the different branches of the military service. He also urged the incon- 
venience resulting from the rank of lieutenant colonel which Brown had 
been given by Tonyn. Since Lieutenant Colonel Fuser, who was the only 
regular of similar rank, was often ill, it happened that, whenever the 
Rangers and regulars were on service together, old officers among the 
regulars came to be commanded by Brown, whom Prevost described as 
a young man entirely unacquainted with military matters, though other- 
wise zealous and deserving. 33 This problem of the rank of provincial 
officers when serving with regulars had arisen in an acute form at the 
beginning of the French and Indian War, and had then been settled by 
Pitt's regulation of 1757, giving provincial officers rank immediately 
below British officers of corresponding rank. 8 * Tonyn in this case argued 
that Brown was entitled to seniority according to his rank under the 
articles of war. However, he yielded the point in April, 1778. At that 
time the regulars and Rangers were to march north to resist a threatened 
attack on St. Mary's River by the Americans, but Prevost refused to 
send an officer to be under Brown's command and ordered the regulars 
not to cross the St. John's. Thereupon, Tonyn wrote, "that the public 
service might not suffer ... I gave up for a time what I thought my 
right," and desired Brown to give up the command, and submit to the 
orders of Major Glasier. 35 This, however, was clearly a makeshift ar- 



112 University of California Publications in History 

rangement, and on receiving word from Generals Howe and Clinton in 
succession that they were vexed at the dispute, Prevost again pressed 
for the permanent command of the Rangers, to which Tonyn cautiously 
consented. 38 

Finally, after the conquest of Georgia, Tonyn was informed by Lord 
George Germain that the Rangers had thereby become unnecessary, and, 
if continued by the commander in chief, must be continued on the same 
footing as the other American provincial regiments under his orders. 3 ' 
Tonyn therefore wrote at the end of May, 1779, to Prevost, General Clin- 
ton, and Brown that the Rangers were no longer to be considered as 
attached to East Florida and might be taken into the King's service. They 
were then reconstituted into a provincial regiment of infantry under the 
name of the King's Rangers, and Prevost requested that their officers 
might have provincial rank from the date of their former commissions, 
and especially recommended Brown. However, as late as January, 1783, 
Brown was complaining that his commission and that of his fellow 
officers had never been confirmed. 38 

Another provincial corps which was connected with East Florida was 
that of the South Carolina Royalists. A body of some three hundred and 
fifty men, many of them Palatines, had with great difficulty made their 
way from the back country of South Carolina to St. Augustine, where 
they petitioned to be formed into a provincial force according to ar- 
rangements previously made by Lord William Campbell, the last royal 
governor of South Carolina. Prevost entrusted their organization to his 
brother, James Mark Prevost, and wrote in June, 1778, that with great 
trouble and perseverance he had introduced a little order among them. 
Their lieutenant colonel was Joseph Robinson, their colonel being Alex- 
ander Innes, the inspector general of the provincial forces in America, 
who was at headquarters in New York. James Penman was the agent 
for receiving and disbursing their pay. 39 

Two other provincial corps were for a time in East Florida. The Royal 
North Carolina Regiment, commanded by Lieutenant Colonel John 
Hamilton, was, so it has been stated, formed at St. Augustine sometime 
in 1778. It was later to provide part of the garrison of the province in 
1782 and 1783, after the evacuation of the regulars. 40 The other body, 
the Scopholites, led by Colonel Scovel or Scophol, was an outgrowth of 
the Regulator movement of the South Carolina back country in pre- 
revolutionary days. The men assembled near Ninety-Six in 1778, crossed 
the Savannah River and, joined by a party from Georgia, marched into 
Florida, some five or six hundred strong. They took part in the British 
operations of that year, but subsequently left East Florida. 41 



Moivat: East Florida as a British Province, 1763-1784 113 

In addition to the help of these provincial forces, the British re- 
ceived some military assistance from the Indians. This was, however, 
rather disappointing, and the employment of Indians in military forays 
was another cause of disagreement between Governor Tonyn and other 
officials. Tonyn was a strong supporter of the idea 42 and claimed to have 
the friendship of the Indians after talks which he had with the Creeks, 
and with Pumkin King and Long Warrior, in December, 1775. 43 He 
believed that they would give valuable help in raids into Georgia, and 
was apparently supported in this by General Howe, though Prevost was 
very skeptical/ 4 John Stuart, the superintendent of Indian affairs, had, 
however, other ideas, being more concerned to keep the Creeks and 
Cherokees neutral and friendly, the more so as an American agent, 
Galphin, was doing his best to win them over to his cause. Correspondence 
between Tonyn and Stuart, the latter being principally in West Florida 
during these years, therefore betrayed considerable mutual ill-feeling. 
Tonyn declared that Stuart was jealous of his success with the Indians, 
and criticized his lethargy, due perhaps to his age and infirmity and his 
worry over the fate of his wife and family in Charleston. In 1777 he 
wrote direct to Stuart's agents among the Creeks and Cherokees, re- 
questing them to bring about Indian raids into South Carolina and 
Georgia as a diversion to a threatened American invasion of East 
Florida. 45 Similarly, in 1778 he sent an emissary, a half-breed named 
Perryman, directly to the Creeks in order to get the help of some sixteen 
hundred Indians against the Americans in Georgia. Only one hundred 
men were forthcoming, which stirred Tonyn to further condemnation 
of Stuart. Stuart died in March, 1779, whereupon the work of the South- 
ern District was divided, Thomas Brown of the Rangers being made 
Superintendent of the Eastern Division. 46 

Over the Indians who were entirely within the limits of East Florida 
Tonyn had, of course, a much greater jurisdiction, and he was not 
obliged to consult Stuart in his dealings with them. They were, however, 
relatively few, though sufficient in numbers to warrant the continuing 
expenditures each year on Indian presents. Alexander Skinner, the 
keeper of Indian presents, was Tonyn's principal agent in Indian 
affairs, and was given by him the provincial title of commissary of In- 
dian affairs. He was killed by some Indians in Georgia in March, 1779, 
when on his way to Savannah from Fort Barrington, to which he had 
escorted some of the Florida Seminoles from Alachua. 47 Tonyn then 
appointed Philip Moore, a refugee from Georgia, as commissary and 
keeper of Indian presents as well as to Skinner's other position of naval 
officer. 48 The governor's authority over the local Indians was emphasized 



114 University of California Publications in History 

a little later, in 1780, when Germain wrote to Superintendent Brown 
that, as the Seminoles were so dependent on St. Augustine, their manage- 
ment was to be left to Tonyn. 49 

In spite of these arrangements, the Indians provided little real as- 
sistance in the war, though they did take part in certain of the opera- 
tions in 1776 and 1777. Their frequent visits to St. Augustine were more 
of a nuisance and an expense than anything else, and Drayton was 
partly justified in declaring that, courted with "a Degree of Servility, 
loaded with Presents, and fatigued with long, unintelligible Talks," 
they had come to despise the governor, and had become a domestic 
enemy, camping near the town, where they plundered, and stole Negroes. 60 
Moreover, the employment of Indians in the war was censured by no less 
a person than Edmund Burke, though his motion against the practice in 
the House of Commons in February, 1778, lost by 223 votes to 137. 51 After 
1779 the danger was rather that the Indians might be won over by the 
Spaniards, and the burden of feeding and gratifying them, in order to 
keep their friendship, became more and more heavy in East Florida, 
particularly in the last years of the province's existence. 52 

In the naval defense of the province, Tonyn was less fettered by the 
authority of others. Over vessels of the Royal Navy when in Florida's 
territorial waters he had, of course, no jurisdiction, but it was not on 
their presence that he primarily relied. From the start he issued com- 
missions and letters of marque (as to Captain Osborne of the Governor 
Tonyn Private Sloop of War), and encouraged privateering. In 1775 
he sent the provincial sloop Britannia in pursuit of Lempriere's privateer 
with some small ordnance and troops of the 14th Regiment on board. 
In September, 1776, letters of marque were given to Captain John 
Mowbray of the Rebecca, carrying ten carriage guns, and later Mowbray 
was given authority as commander in chief of all armed vessels employed 
for the protection of East Florida. In 1776 a private boat of Tonyn's, 
the "Governor's Sloop" (possibly to be identified with the Britannia) , 
was also employed, as was the Pompey schooner pilot boat, but the one 
was blown up, and the other captured by the Americans on St. Mary's 
River in August of that year. In 1777 and 1778 various ships were taken 
into government service for a few months. The provincial navy then 
and in 1779 consisted, apparently, of the armed ship Germain, with 18 
guns and 70 seamen, the armed brig Dreadnought, with 4 twenty-four- 
pounders and 25 seamen, the armed brig Spitfire, with 72 seamen, the 
armed sloop Delight, with 25 seamen, and the galley Thunderer, with 2 
twenty-four-pounders. 53 In March, 1779, Tonyn was ordered to discharge 
all the vessels he had hired and to turn over the ships he had purchased 



Mowat: East Florida as a British Province, 1763-1784 115 

to the commander of the King's ships at Savannah for disposal or em- 
ployment in the navy. 54 This he delayed doing, on the grounds that he 
got no reply to his letters to the naval officers and that the coast was left 
defenseless by Vice Admiral Arbuthnot. In the fall of 1779 he even 
hired additional armed vessels to protect the St. John's River, and was 
constructing three floating batteries. As late as June, 1780, he still had 
five galleys, the Dreadnought, Thunderer, Prince of Wales, King, and 
Queen, employed for the protection of the St. John's, Musketo Inlet, and 
St. Augustine, and two months later, in disgust at the lack of any re- 
sponse from Arbuthnot, he wrote that the latest orders to discharge all 
provincial vessels would leave East Florida defenseless against Spain. 55 

The activities of these vessels, British and provincial, as well as those 
of the privateers, brought various prizes to St. Augustine and St. Mary's, 
though in turn American privateers took their toll of shipping bound for 
East Florida. Among persons brought to St. Augustine in 1778 was a 
Monsieur de Bretigny and some dozen officers and several score of men 
captured off Charleston bar. These subjects of France were traveling on 
merchant ships to take up service with the American forces, though it 
was previous to France's entry into the war ; they were therefore kept as 
prisoners until removed to New York on the naval vessel Carysfort.™ 

The maintenance of maritime forces such as these, together with the 
expense of maintaining the Rangers, subsisting refugees and prisoners, 
and meeting other extraordinary demands, naturally put the province's 
finances entirely out of balance. In Tonyn's declared account for the 
years 1773-1785 he was charged with £133,697/15/8 1 / 4, of which only 
£16,252/6/6% was accounted for as ordinary contingent and Indian 
expenses. No less than £114,540/11/11 was money received from the 
paymaster general of the forces for sundry naval and military services. 
This figure included sums for which Tonyn had drawn on General Howe, 
Viscount Howe the admiral, and the crown agent, for extraordinary con- 
tingencies of one kind or another, and latterly, after orders in this sense 
from Germain in February, 1778, on the Lords Commissioners of the 
Treasury. The heaviest expenses were for the naval establishment — the 
hire and purchase of vessels, the cost of repairs, tackle, provisions, and 
wages. The cost of the Rangers for 1776-1777 was £3,676/1/4, of which 
£319 was for 116 uniforms, which consisted of hat, hunting shirt, belt, 
breeches, shoes, buckles, blanket and leggings and cost 55 shillings 
each. Other expenses included sundry payments of small sums to various 
persons for secret service, and £141/10/0 paid to "Samuel Williams &c 
for secret service distributing Acts of Parliament and Proclamations in 
the Back Countries" of the Carolinas and Georgia. 57 



116 University of California Publications in History 

Some of the exceptional expenses incurred in 1775 and 1776 were for 
the repair of the barracks, the fort, and the other defensive works of 
St. Augustine. 58 Yet little was apparently accomplished, since Prevost 
complained, in September, 1776, of the neglected fortifications, on 
which his recruits were kept at work to effect repairs. 59 In the autumn of 
1779 Lieutenant Colonel Fuser began the reconstruction of the defenses 
on a considerable scale, employing one hundred soldiers and three hun- 
dred Negroes in October, when the covered ways and glacis of the fort 
were reported almost complete. He had applied to James Penman for 
the necessary sums of money, which he hoped would not exceed £2,000, 
and offered him bills on General Clinton, declaring that he was resolved 
to have nothing to do with the townspeople, who were all Jews. He had 
failed to get any money from Tonyn, and added "I expect very little 
assistance from this place ; fine promises ; pompous writing ; and nothing 
done, is what I have experienced these three years past." Penman and 
Man both provided him with funds, the former writing that in the last 
war he had paid away millions of public money for the service in Ger- 
many and was now glad to advance some thousands of his own for 
the same purpose in America ; he was already £3,000 in advance for the 
Carolina Royalists. 60 In November, however, Fuser reported that the 
work was going on less briskly since the news of the American failure 
to recapture Savannah, for the planters had retaken their Negroes. He 
was sorry to tell that the governor's Negroes were the first to leave and 
that the lieutenant governor's and attorney general's had also been with- 
drawn : "so goes every thing here." 61 

These works, besides revealing the lack of harmony concerning mili- 
tary affairs, failed in themselves to satisfy the governor, who felt, unlike 
Fuser and Prevost, that the outer lines, which were still neglected, were 
the chief strength of the town. Yet Captain John Campbell of the engi- 
neers, who was sent to St. Augustine in the spring of 1780, had orders 
to attend only to the fort. 62 He praised Fuser's work, reporting that he 
had added a good glacis and a tolerable palisade, so that the fort needed 
only platforms and small repairs to the parapets; the "interior line" 
of the town's outer defense lines, on the other hand, was in a bad state 
and seemed useless, and the "exterior line," which Fuser had begun to 
repair, was very imperfect. He observed that the south and west sides 
of the town were totally undefended, and proposed the building of four 
redoubts, as well as an improvement in the exterior line. 63 He was, how- 
ever, recalled soon afterward, and James Moncrief of the engineers, 
who had been stationed in St. Augustine for a considerable time in 
earlier years, was sent in his place. Moncrief was now rising in the 



Mowat: East Florida as a British Province, 1763-1784 117 

world, having been made a brevet major in 1779 for his services at 
Savannah; in May, 1781, he was made commanding engineer for the 
Southern District, and he remained an important figure in Charleston 
until its evacuation. 04 Following his visit, Captain Durnford of the 
engineers was sent from Savannah to repair the fortifications and erect 
the chain of redoubts. 05 By the end of 1781 he had left, and the work 
continued under the direction of Captain Burrard of the 60th Regi- 
ment. 86 The province's last engineer, Lieutenant John Wilson, arrived in 
the fall of 1782. 07 Under these men the defenses of St. Augustine were 
evidently made very much more effective. Similar plans for a fort at the 
mouth of the St. Mary's River seem, however, to have come to nothing. 68 

Conflicts between Tonyn and the military during these years were not, 
of course, confined to the question of St. Augustine's defenses, or the 
more tiresome questions of the status of the Rangers and the cooperation 
of the Indians. At the beginning of the war matters of defense were fre- 
quently discussed in the meetings of the Council, and instructions sent 
to the commanding officer of the garrison. Thus in February, 1776, Major 
Furlong was requested, in a letter written by Tonyn in the Council 
Chamber, to undertake various works, and to cooperate in stopping and 
examining all ships approaching the harbor, part of the plan being a 
system of flag signals by which friendly ships would be identified and 
given permission to proceed. Again, in May of the same year, when a 
cattle raid by the Americans from Georgia was expected, Tonyn wrote 
in Council both to Prevost and to the local naval commander requesting 
the taking of certain countermeasures on the St. Mary's and the St. 
John's. 69 Probably such civilian direction of operations continued, in 
part at least : the absence of the Council journals after mid-September, 
1776, makes it impossible to be sure of this. 

Prevost, however, was not a man to accept passively a position of de- 
pendence upon the orders of a civilian governor and Council, and his 
appointment as brigadier general relieved him of the necessity of doing 
so. But if his command over the troops was put beyond challenge, other 
sources of difficulty remained, such as Tonyn's commandeering of guns 
for his navy, and his control over the fort, which he filled with prisoners 
brought in by the men-of-war and the privateers, exposing it to the 
dangers both of a surprise attack and of an outbreak of some epidemic 
in its noisome and overcrowded quarters. 70 Prevost in July, 1778, after 
leaving St. Augustine, declared of Tonyn "tho' I cannot say that he ever 
treated me on that footing of Confidence or Candour that I thought my 
Rank claimed or my Zeal for his Majesty's Service Merited, yet our dis- 
putes never arose to a height productive of any misfortune to the Prov- 



118 University of California Publications in History 

ince." 71 Tonyn in turn wrote in 1780 of Prevost that from his conduct 
both during his residence in the province and subsequently he could 
expect no favor from him: "led by prejudice and the minion of the 
day we have received every unserviceable office that could be suggested." 72 
After Prevost's departure, Lieutenant Colonel Fuser, with his inferior 
rank, found himself at a greater disadvantage, with Moultrie making 
it his constant business to tell everyone that in the brigadier's absence 
the command devolved on the governor. Some officers were affected by 
this talk, and one Lieutenant Lockell, when reproved for remaining at 
the billiard table instead of attending his men, met the rebuke with 
laughter. He was arrested, but Fuser thought that he had been visited 
by the governor's secretary and encouraged in his opposition. 73 

Tonyn had, of course, his own complaints to make of the military, 
especially when they trespassed in the fields of civilian affairs. He was 
particularly irritated by the friendship between Chief Justice Drayton 
and various officers of the 60th, most of all when Fuser, Glasier, James 
Mark Prevost, and twelve other officers wrote a letter in support of the 
chief justice in December, 1777. He wrote to Lord Amherst, the head 
of the regiment, complaining of the part taken by these officers, whom 
he called chiefly foreigners and young men unacquainted with business ; 
later, in writing to General Howe, he even suggested obliquely that J. M. 
Prevost be transferred elsewhere, claiming that he was of Drayton's 
faction and influenced his brother, the brigadier, in his unhelpful atti- 
tude toward himself. 74 ' 

Even after these difficulties passed, others remained. At the end 
of 1781 Tonyn declared that Glasier refused both arms and rations for 
the provincial regiments and the militia. 75 A year later he asked that 
McArthur be told to cooperate with the civil government and renewed 
a familiar suggestion that the civil and military authority should be 
invested in himself. 76 Since he had by then become a major general 77 the 
idea was not, perhaps, unreasonable. It was not accepted. 

Among the differences, a lack of agreement on a plan of campaign in 
the South had been one of the greatest. What Prevost called Tonyn's 
"wild Schemes" 78 for conquering Georgia were constantly mooted, and 
Tonyn's correspondence with the successive commanders in chief in 
America, as with the secretary of state in England, on this pet project 
and on military matters generally was extensive. 79 A survey of the 
actual operations in which East Florida was concerned will bring out 
the differences which persisted between civilian and military authorities, 
as well as the achievements and perils of the province during the war. 80 

After the initial alarms of 1775 the province enjoyed relative quiet 



Mowat: East Florida as a British Province, 1763-1784 119 

until the summer of 1776. The Continental Congress in January, 1776, 
had passed a resolution urging the Carolinas and Georgia to undertake 
the reduction of St. Augustine with a joint force, 81 but the plans even- 
tually concerted came to nothing. Major General Charles Lee came 
to Savannah at the end of July, but, being subsequently summoned to 
Philadelphia, left the command of the expedition against Florida to 
Colonel "William Moultrie, John Moultrie's brother. A start was made, 
but the difficult nature of the swampy country along the coast, together 
with the high mortality caused by an outbreak of sickness, induced the 
expedition to turn back at Sunbury, Georgia." 52 The countermeasures 
which had been prepared in East Florida therefore proved unnecessary, 
and the province, throughout the year, suffered no more than sundry 
raids on cattle and Negroes on the northern plantations. At the request 
of Tonyn and the Council a body of troops to the number of seventy had 
been posted on St. Mary's River, supported by three ships, the St. John, 
the Pompey, and the "provincial vessel." In July, Wilkinson's and 
Wright's plantations were raided by a small American party, and on the 
eleventh two men were killed and an officer and two others captured by 
the Americans when returning in a cutter from a visit to the St. John. 
They were proceeding to a field hospital which had injudiciously been 
established on the Georgia side of the St. Mary's, and were fired upon 
in one of the creeks. A little later, on August 7, Lieutenant Grant of the 
St. John was surprised by the approach of a menacing American force 
and retired, leaving the Pompey to be captured. Tonyn had had news 
of the intended incursion of some three hundred men on two vessels and 
a large flat mounting a twelve-pounder, and had sent word of it to the 
river, but the military commander, Captain Graham, and Lieutenant 
Grant had delayed concerting plans and were caught unprepared ; the 
best Graham could do was to blow up the "provincial vessel" to save it 
from falling into the enemy's hands. This loss and the capture in Sep- 
tember, by an American brig just off St. Augustine bar, of a ship which 
had just unloaded some refugees, caused Tonyn to commission Mowbray 
and the Rebecca, at first for three months only, to protect the inland 
water passage from the St. John's to Georgia. 83 

In 1777 the forces in East Florida were the first to take the offensive. 
In January, Tonyn and Prevost exchanged a number of letters and con- 
ferred together on the subject of a foraging expedition which the gov- 
ernor was pressing the latter to undertake, in order to replenish the 
supplies of the province, which were running low. He proposed the use 
of a force of regulars and a body of Indians, but Prevost raised a num- 
ber of objections, including the small size of the garrison, its lack of 



120 University of California Publications in History 

training, and even the want of suitable uniforms and shoes. Eventually, 
however, he gave his reluctant consent to the employment of a detach- 
ment of seventy-three regulars under Lieutenant Colonel Fuser, ac- 
companied by the Rangers under Brown and a body of Indians including 
Cow Keeper and Perryman. The Georgia border was crossed in Febru- 
ary, and on the eighteenth the Rangers and about fifty Indians scored 
a signal success in capturing an American post, Fort Mcintosh, a stock- 
ade made of split puncheons, on the Satilla River. Four Americans were 
killed, three wounded, and sixty-eight captured, at the cost of one In- 
dian wounded on the British side. The fort was burned, and the expedi- 
tion returned to St. Augustine, bringing off nearly two thousand head 
of cattle. In spite of this success, however, the expedition clearly re- 
vealed the difficulties of cooperation between the regulars and the 
irregular forces. Brown complained with some justice of Fuser's atti- 
tude, stating that he treated the Indians as boys and insulted the Rangers 
with the epithet of plunderers, so much so that no one would go near 
him. 8 * 

That same spring a large-scale invasion by American forces was 
planned — a threat which resulted in the talk of capitulation on the part 
of Drayton, Bisset, and others in St. Augustine. The expedition left 
Savannah under the command of General Lachlan Mcintosh and Button 
Gwinnett, president of Georgia, who issued a proclamation inviting the 
people of Florida to repair to the American standard. 85 The general's 
brother, George Mcintosh, had been arrested on a charge of supplying 
rice to East Florida, and this embittered already strained relations be- 
tween the general and Gwinnett to such a point that both men were ad- 
vised by the Council of Safety to return. The expedition continued under 
the command of Colonel Elbert. Tonyn had already made preparations 
to withstand the attack. Regulars, Rangers, and scouting parties of In- 
dians manned a chain of posts on the St. John's, and a system of com- 
munication by express riders between the various plantations and the 
posts had been devised. On May 15 a skirmish occurred between an ad- 
vanced body of American horse under Colonel Baker and a party of 
Rangers and Indians on the Florida side of the St. Mary's ; several of 
the Americans were wounded, and one of the Indians killed. Two days 
later this same force was attacked by a detachment of the regulars under 
James Mark Prevost on a neck of land between Trout Creek and a 
branch of Nassau River. Prevost's men were greatly fatigued after their 
long march from the St. John's, but their attack, aided by the Rangers 
and Indians on the flanks, brought the total defeat of the Americans. 
Two officers and nine privates were captured, and some forty men es- 



Mowat: East Florida as a British Province, 1763-1784 121 

caped, according to Tonyn's account ; one of the officers stated, however, 
that forty men were made prisoner and all but sixteen put to death by 
the Indians, from whom Prevost had great difficulty in rescuing the 
remainder. Both Major Prevost and Lieutenant Colonel Brown were 
warm in praise of each other, and for once there seems to have been 
harmony between regulars and irregulars, though Brigadier Prevost 
later charged that the Indians thought only of securing all the horses 
they could find and refused to take part in the pursuit. Meanwhile, the 
naval force of the Americans had been turned back by the Rebecca and 
other ships in a warm engagement off the St. Mary's in which the 
Rebecca was badly damaged. These reverses, added to the discomforts 
caused by the heat and diminishing supplies, persuaded Colonel Elbert 
to lead his force back to Savannah, and for the rest of the year East 
Florida was relatively quiet. One result of the failure of the expedition 
for the Americans was the duel between General Mcintosh and Button 
Gwinnett in which the latter was killed. 88 

In 1778 both sides prepared for an invasion by the other. Tonyn had 
hopes of large-scale cooperation from the Indians, though these were 
somewhat cooled by Stuart's unsympathetic policy; it also seemed likely 
that considerable help might be forthcoming from the loyalists in the 
back country of the Carolinas. 87 The Continental Congress, on the other 
hand, was discussing plans for the reduction of East Florida by a South- 
ern force under Major General Robert Howe or Colonel Elbert. 88 The gov- 
ernor and council of the state of Georgia proclaimed an invitation to all 
to share in the plunder of the province, which was to be reduced because 
of the injuries sustained in Georgia from the daily depredations of its 
rovers. 89 The initial action was taken by the Floridians. Lieutenant 
Colonel Brown with a scouting party of one hundred Rangers and ten 
Indians crossed the border, swam a quarter-mile across the Altamaha 
River and traversed many water-soaked swamps to attack Fort Barring- 
ton, on the Altamaha, at break of day on March 13, 1778. The Americans 
were taken completely by surprise and surrendered : two of them were 
killed, four wounded, twenty -three taken prisoner at a cost of one killed 
and four wounded on the British side. The fort was then burned down 
and detachments of the Rangers sent on service in Georgia and South 
Carolina while Brown and the remainder retired to a post which they 
had established on the St. Mary's, Fort Tonyn. 90 A month later the 
Hinchinbrook and Galatea of the navy, which together with the Rebecca 
had been guarding the inland passage from Georgia, put into St. Simon 
harbor, near Frederica, to destroy the American naval force which was 
to cooperate in the invasion. Through some misunderstanding the Hinch- 



122 University of California Publications in History 

inbrook and the 'Rebecca fell into the hands of the Americans, and the 
whole plan miscarried. 91 

In June, 1778, the American force, under Howe and Elbert, was ap- 
proaching East Florida. Their land force was between two and three 
thousand, drawn equally from Carolina and Georgia ; in addition about 
eight hundred men were with the naval force, which was reported to 
consist of five galleys, two flats, two pettiaugers and several sloops and 
schooners. Tension between Brigadier Prevost and Tonyn, chiefly over 
Brown's rank, was particularly high at this time, but in the field there 
was nothing but close cooperation between regulars and Hangers. On 
June 29 a force of about nine hundred Americans under General Scriven 
crossed the St. Mary's and cut off Brown and the Rangers, who were 
forced into the Cabbage Swamp, where they resisted the American efforts 
to ferret them out. From this position they were extricated by a body of 
regulars under Major Graham, and fell back toward the position where 
Major J. M. Prevost was encamped with the main force of the regulars 
at Alligator Bridge. Here at noon on the thirtieth, just as the Rangers 
were entering camp, they heard the approach of the American force 
from behind them, and hastily lined the road and fired on the Americans 
from the flanks. The regulars, who had apparently been caught at their 
siesta, cleaning arms or washing in the creek, thus had time to get under 
arms, and put up such a steady fire that the enemy was disconcerted, took 
to his horses again, and retreated, leaving nine killed. The British loss 
was one regular killed and seven Rangers wounded, two seriously. This, 
in the upshot, proved to be the end of the American invasion. Their 
forces had suffered heavily from sickness, there was disunity in the com- 
mand, and the decision was therefore taken at Fort Tonyn, which had 
been occupied after its abandonment and destruction by the Rangers, 
to retire into Georgia. A little later, on July 11, Brigadier General Pre- 
vost wrote from Cowf ord, on the St. John's, reporting that his brother 
had withdrawn to a position nearer him and, with small parties, was 
making raids to harass the enemy and capture prisoners and horses. 92 

It was now the turn of the British to make an invasion of Georgia, 
for which Tonyn had so long been pressing. 93 An expedition to capture 
Savannah was planned by General Sir Henry Clinton, and Lieutenant 
Colonel Archibald Campbell was sent from New York with a force of 
three thousand men for this purpose ; Prevost received orders to lead an 
expedition from East Florida to cooperate in the design. 94 Consequently, 
in November, 1778, two forces were dispatched from St. Augustine, 
one under J. M. Prevost consisting of seven hundred and fifty men 
drawn from the regulars, Rangers, and provincial troops, and one under 



Mowat: East Florida as a British Province, 1763-1784 123 

Fuser consisting of two hundred and fifty men of the 60th Regiment ac- 
companied by the armed fiat Thunderer and two privateers. Prevost's 
force reached Midway meetinghouse in Georgia, repulsed a small body 
of Americans, thanks to the prowess of Brown and the Rangers, and 
withdrew, bearing plunder — Negroes, horses, cattle, even poultry — 
which, when sold at a public sale at St. Mary's River, brought in £8,000. 
Fuser's force reached and occupied Sunbury, which its inhabitants had 
evacuated, but failed to take the fort there and withdrew, hearing from 
Prevost that he was falling back and apparently fearing the approach 
of American reinforcements. Shortly afterward a new expeditionary 
force was formed under Brigadier General Prevost at a rendezvous at 
the south end of Cumberland Island, leaving only four companies under 
Glasier to garrison St. Augustine. This force of some nine hundred men, 
regulars and Rangers, with J. M. Prevost as second in command, ex- 
perienced difficulties through a lack of supplies, in spite of the efforts of 
the commissary, Fatio, and was at times reduced to a diet of oysters 
and rice, while a detachment subsisted on an alligator and some Madeira 
wine from a shipwreck, and later, on horseflesh. The fort at Sunbury was 
invested and forced to surrender at discretion. In mid- January the force 
reached Savannah, about two weeks after its capture by Campbell at 
the end of December, 1778. Prevost thereupon assumed the command 
and sent Fuser back to take command at St. Augustine. This campaign 
demonstrated, as Tonyn observed, the full cooperation between the 
provincial forces and the regulars, since not only the Rangers (soon to 
be put on the footing of a normal provincial regiment) but also the East 
Florida navy were put under Prevost's command for it. Nevertheless, 
recriminations between Prevost and Tonyn continued, particularly over 
the presence of an Indian band in a country which had now passed under 
the King's protection. 95 

The subsequent operations in the South concerned East Florida only 
indirectly, though Spain's entry into the war and conquest of "West 
Florida was a new and alarming threat to the province. 96 The Spaniards, 
had, naturally, had their eyes on St. Augustine since the beginning of 
the Revolution. A Havana sailor, Miguel Chapuz, bearing the oil which 
the bishop was permitted to send to the Minorcans, visited St. Augustine 
in July, 1778, and returned to Havana with letters from Luciano de 
Herrera. From that time Herrera was the source of considerable in- 
formation which reached the Spaniards concerning East Florida, much 
of which unfortunately exaggerated the province's importance in Ameri- 
can policy. In addition, one of the permanent Spanish agents sent to 
America in 1777 took up his residence in St. Augustine in 1778, under 



124 University of California Publications in History 

the guise of a botanist, again overestimating the city's importance as 
the headquarters of a command. This agent was none other than Josef, 
brother of Juan Elixio de la Puente who had played such an ambiguous 
role in St. Augustine in 1764. Josef de la Puente remained in the district 
in 1778 and 1779, but died somewhere in America in 1780. 97 

Yet the expected attack never came. Spain's declaration of war brought 
some depredations by privateers in the southern parts of East Florida 
and led to the posting of a detachment of regulars at New Smyrna. 98 In 
1780 and 1781 both Tonyn and the military officers wrote constantly of 
the unprotected state of St. Augustine. 99 The protracted operations in 
West Florida, the Natchez rebellion, plans for an attack on Jamaica, and 
the Spanish capture of New Providence in 1782 apparently were the 
causes of East Florida's immunity. 100 

In 1781, as the war drew to its close, East Florida had one further 
distraction of military as well as political interest, the presence of a 
considerable number of the leading American patriots from Charleston 
who were sent as prisoners to St. Augustine, apparently in violation of 
the terms of the capitulation. 101 They arrived in September and Novem- 
ber, 1780, and stayed for the greater part of a year. Their numbers have 
been given variously as 58, 62, 63 and 68 : 102 they included Christopher 
Gadsden, Thomas Heyward, Jr._, "William Johnson, the Reverend John 
Lewis, Edward McCrady, Arthur Middleton, Alexander Moultrie, John 
Mowat, David Ramsay, Hugh and Edward Rutledge, Josiah Smith, Peter 
Timothy, Noble Wimberly Jones. They lived in the unfinished statehouse, 
and in private houses in the town and, since they were paroled, most of 
them were given considerable freedom of movement. Many of the in- 
habitants were friendly toward them, too much so for Tonyn, who used 
their presence as an excuse to delay summoning his projected assembly. 
It is recorded that on the Fourth of July, when the different messes dined 
in common, Thomas Heyward's newly composed hymn 

God save the thirteen States, 

Thirteen United States, 

God save them all 

was first sung; set to the tune of "God save the King," it caused great 
surprise among their British hosts. 103 



CHAPTER VIII 
AN ASSEMBLY AT LAST 

Proximity to the rebellious colonies, the threat of invasion, the 
presence of large military forces, and the partisan feelings which 
the Revolution inspired and which Chief Justice Drayton's career 
enhanced clearly did not make for placid civilian life and the normal 
conduct of governmental affairs. The province was changing during 
the years from 1775 to 1782, not least in the character of its popu- 
lation. Though the great migration of loyalist refugees which made the 
closing years of the province's history so hectically abnormal did not 
occur until the evacuations of Georgia and of Charleston in 1782, there 
was a gradual and moderate increase in population from the coming of 
small groups of refugees, especially from Georgia. This increase was not 
steady but erratic, for Tonyn, writing in 1779 in justification of his 
proposal to summon an assembly, observed that many refugees had re- 
turned to Georgia since its reconquest, but might be tempted back to 
Florida, since their homeland had been so badly pillaged, if there was 
an assembly and the means to pass laws for the protection of property 
in Negroes. 1 

The actual increase in population before 1782 cannot therefore be very 
accurately estimated. The first refugee to arrive was Daniel Chamier, 
surveyor of the Port of Boston, who was visiting Charleston but felt it 
wiser to travel on to St. Augustine, which he reached in the middle of 
June, 1775. 2 John Stuart returned to St. Augustine at almost the same 
time. In June, 1776, twenty-one refugees from Georgia and South Caro- 
lina petitioned Tonyn against the seizure of their goods by officers of 
the navy: the names included those of Henry Yonge and Archibald 
Lundie. 3 Later, about the beginning of November, 1776, forty-nine refu- 
gees from Georgia described as planters, merchants, and others drew up 
a petition to the King complaining of the scarcity of land available for 
settlement. Only seven of the names had appeared on the June petition. 
The signers included William Panton, the Indian trader, Jermyn and 
Charles Wright, brothers of Sir James Wright, governor of Georgia, 
Peter Edwards, later Tonyn's private secretary, William Brown, John 
Harvey, and Lewis Johnston, Junior. 4 Others came from time to time, 
though the details of their coming are lacking. After Cornwallis' sur- 
render at Yorktown, when Tonyn issued a new proclamation offering 

1 For notes to chap, viii, see pp. 205-206. 

[125] 



126 University of California Publications in History 

land to loyalists, about three hundred men, women, and children arrived, 
mostly in the utmost want. Writing in October, 1782, Tonyn stated that 
the number of settlers in the province, previous to the evacuation of 
Georgia in that year, was about one thousand, with about three thousand 
Negroes. 5 He stated earlier that the Negro population had quadrupled 
during the war ; however, the number of white settlers shows only a mod- 
erate increase over that given by De Brahm ten years earlier. 6 

These newcomers, even if relatively few, brought certain problems of 
settlement. One was the lack of land available for grants, in spite of 
the promises given by Tonyn in the proclamation offering asylum to 
loyalists. This was due, of course, to the number of large grants left un- 
cultivated by their absentee owners, and eventually the difficulty was 
alleviated by making grants of not more than five hundred acres within 
the limits of such previous grants, due notice being first given to the 
original grantees. This was authorized by an "Additional Instruction" to 
Tonyn of January 23, 1778. 7 During these years many grants were made, 
and two new towns began to develop, though their rapid growth also 
came only after the influx of refugees in 1782. These were Hester's Bluff 
on the south bank of the St. John's near its mouth, usually called St. 
John's Bluff, where a subdivider named Thomas Williamson hoped to 
benefit from a boom in real estate, and the town of Hillsborough, which 
had been reserved for settlement in 1771 on the site earlier laid out for 
New Bermuda on the St. Mary's. 8 It was the proximity of the latter which 
brought the unsuccessful proposal to construct a fort on the St. Mary's ; 
however, £1,500 was spent in 1780 for "establishing a town at St. Mary's," 
whatever that may have meant. 9 

During these years the personnel of the government underwent a grad- 
ual change. The departure of Mulcaster, Stuart, and Owen on military 
service left empty places at the Council table. The death of Witter 
Cuming on September 14, 1775, 10 removed a senior member of the board. 
Benjamin Dodd, the provost marshal, was appointed to the Council by 
Tonyn in April, 1776, but had left the province by December, 1778, when 
his place was filled by Thomas Brown of the Eangers. 11 Henry Yonge, an 
English-trained lawyer who had practiced for some years in Savannah, 
was added to the Council in January, 1779, on being appointed by Tonyn 
to succeed Gordon as attorney general ; Gordon had died on December 
30, 1778. 12 James Hume, formerly acting attorney general and member 
of the council in Georgia, who had received the royal appointment to 
the chief justiceship in March, 1779, after the government had rejected 
Tonyn's nomination of Forbes, was added by Tonyn to the Council in 
April, 1780. 13 The last appointee was Dr. Lewis Johnston, formerly presi- 



Mowat: East Florida as a British Province, 1763-1784 127 

dent of the council and treasurer in Georgia, who was appointed assistant 
judge and a member of the Council early in 1783 in place of Catherwood, 
who was suspended from the position of judge of the court of vice ad- 
miralty for malfeasance, principally by taking extortionate fees under 
the denomination of fees of indulgence," at a time when the court was 
crowded with business. 16 If there were later appointments, they were not 
recorded. At any rate, at the beginning of 1783 the Council consisted of 
Moultrie, Holmes, Forbes, Brown, Yonge, Hume, and Johnston. 18 

By 1779 conditions in the province had so altered that Tonyn was 
emboldened to take up with the home government the old question of an 
assembly. He wrote to Lord George Germain in July of that year in its 
favor, arguing that whereas previously he had opposed its summoning 
because he feared that the turbulent tempers and leveling principles 
common in American assemblies would appear in the East Florida assem- 
bly also, he now felt that "the malignant spirit hath almost subsided," 
and that an assembly might be beneficial to the province by enacting a 
few laws, such as for the regulation of Negroes and the strengthening of 
the militia. He also mentioned, significantly, the difficulty of enforcing 
general proclamations issued or the regulations framed for the Indian 
trade : the jealousy for liberty was such, and the dread of encroachments 
from the crown so great, he admitted, that "Acts of Prerogative" were 
often disregarded." 

Germain approved the summoning of an assembly in a lengthy dis- 
patch, and referred the matter to the Board of Trade, which reported 
that Tonyn already had the necessary powers and directions in his com- 
mission and general instructions. Germain went on to suggest, among 
other things, that the assembly should make provision for defraying at 
least part of the cost of the provincial establishment and should make a 
token contribution toward the general charge of the defense and protec- 
tion of the empire, in recognition of Parliament's magnanimity in prom- 
ising to refrain from imposing taxes in America. 18 However, on second 
thoughts Tonyn postponed summoning the assembly immediately because 
of the presence of the American patriots as prisoners in St. Augustine. 19 

In February, 1781, Tonyn at last judged the time and circumstances 
safe for an assembly. Charleston, Savannah, and Pensacola were still in 
British possession, and British prospects in the war were favorable. A 
writ was issued for the election of members, returnable in forty days. 20 
Since the population was still too small to be divided on a township or 
county basis, the members were to be elected at large. The writ, addressed 
to the provost marshal, ordered him to summon all persons (except 
Popish recusants) over twenty-one and possessed of fifty acres of land, 



128 University of California Publications in History 

to appear at the courthouse in St. Augustine between ten and two o'clock 
or between four and six o'clock on the thirteenth, fourteenth, fifteenth, 
or sixteenth of March, 1781, to elect nineteen fit and discreet persons to 
the Assembly, each possessed of five hundred acres or more. 21 

The first General Assembly of British East Florida, which was pre- 
sumably also the first representative assembly to meet within the limits 
of East Florida, opened at St. Augustine on March 27, 1781, and ended 
on November 12 of the same year. The Upper House consisted of the 
members of the Council under the presidency of Moultrie. The nineteen 
members of the Commons House, of whom all but six had come to the 
province since the start of the Kevolution, were described by the governor 
as the most respectable of the inhabitants, and well affected to the King's 
person and government. Later, however, perhaps as a result of his diffi- 
culties with the body, he complained that there was not a single gov- 
ernment official among them. 22 As Speaker, the House elected William 
Brown, a Scot who had formerly been comptroller and searcher of the 
customs in Georgia, which he had left for East Florida in 1776. 23 

The first day of the Assembly was occupied in both houses with the 
opening formalities, including the taking of the state oaths by the mem- 
bers. On March 29 both houses heard a speech by Governor Tonyn, in 
which he expressed his happiness at the meeting and urged the passage 
of measures declaring the province's allegiance to the King and recog- 
nizing the supremacy of Parliament. This called forth the usual fulsome 
and loyal address from each house to the governor, and these, with the 
governor's speech, were duly ordered to be published in the gazettes of 
the neighboring colonies and posted in public places in St. Augustine 
and St. John's Bluff. 24 

The two houses, after this display of Southern oratory, settled down 
to routine business. 25 Both houses met in the statehouse in St. Augustine. 
The meetings proceeded regularly until August 1, 1781, with an adjourn- 
ment from June 7 to 27 for members to attend to the affairs of their plan- 
tations. Several bills were introduced and discussed in each house. On 
May 16 a message from the governor was received by both houses desir- 
ing that he be given the power to prohibit the export of provisions should 
the circumstances of war demand it. As a result a bill to this effect was 
passed, and was assented to by Tonyn on June 7.* Other acts passed and 
assented to at the same time were one for punishing persons denying the 
force of the laws of the province, and one for establishing and regulating 
the militia. This last, which was to continue in force for one year, im- 

* For a table of the Acts of the First and Second Assemblies, see Appendix II, 
pp. 160-161. 



Mowat: East Florida as a British Province, 1763-1784 129 

posed the obligation of service in the defense of the province on all free 
men between the ages of fifteen and sixty, exempting only the members 
of the Assembly, all public officials, and the pilots and ferrymen. Two 
general musters each year and twelve company assemblies were ordered. 
A volunteer troop of horse, up to one hundred in strength, was also 
authorized, its members to provide their own horses. Part of the act laid 
down a code of the articles of war and provided for the proclamation of 
martial law by the governor with the consent of the Council and avail- 
able members of the Commons. Under martial law the governor had the 
power to arm and employ Negro slaves on public works or under arms, 
subject to compensation being paid to their owners. Disabled free men 
were promised a pension of £12 a year if single and £20 if married as 
long as they resided in the province ; widows were promised pensions of 
£10, plus £5 for each child under twelve ; orphans under twelve were to 
receive £5. Negroes showing courage in battle were to be free of all 
personal service and labor to their owners and were entitled to an annual 
gift from the government of a coat and pair of breeches of good red cloth 
turned up with blue, a hat, a white linen shirt, and a pair of white thread 
stockings, one pair of shoes, a silver badge, and the sum of £2. 2e 

On the reassembling of the houses on June 27 the governor sent a mes- 
sage announcing the conquest of West Florida by the Spaniards, and 
asked for authority to call forth Negro slaves to labor at the King's works 
for the defense of the province. An act to this effect was speedily passed 
and received the governor's assent on June 30 ; it provided that the slave- 
owners should receive one shilling per Negro for each working day. 
Various other bills were proposed, many of them subsequently passed 
by the second Assembly. A committee of the Commons recommended 
legislation to provide, inter alia, for the division of the province into 
districts or parishes, for the making of roads, and for the compulsory 
registration of deeds. This same committee reported that the expenses 
which it was estimated that the province would incur through pending 
legislation were between £1,800 and £2,000. 27 Another subject of debate 
was a bill to establish district courts. Another committee of the Com- 
mons investigated the reasons for the slow progress of the settlement of 
the province. In the Upper House there was passed what was informally 
referred to as a Magna Carta : a bill entitled "An Act for a most joyful 
and just recognition of the undoubted Right of His most Sacred Majesty 
King George the Third to the Crown and Kingdoms of Great Britain, 
France and Ireland and of the Dominions Colonies territories and Coun- 
tries thereunto belonging, and of the Supremacy of Parliament over the 
said Colonies, for the establishment of the Church of England within this 



130 University of California Publications in History 

province of East Florida, and for declaring that the Laws and Statutes 
of Great Britain are and have always been of force within the same." 

What aroused the greatest controversy, as far as the journals of the 
Assembly are evidence, and prevented the passage of the Magna Carta 
and many other bills, was a bill for the regulation of Negro slaves. This 
originated with the Commons, who proposed, among other things, that 
slaves charged with capital crimes should be tried in their own districts 
by the local justices of the peace and a local jury. This was essentially 
the practice in South Carolina and Georgia, where two justices and a 
jury of between three and five freeholders could try capital cases. 28 The 
Upper House, however, considered this oppressive, and wanted such 
cases tried in the normal way in the Court of General Sessions. The Com- 
mons' objection to this was that it involved a delay which impaired the 
owner's property in his slave. After conferences had brought some com- 
promises, but no agreement on the basic difference, the Commons, on 
July 25, passed a number of resolutions defining their stand on the bill, 
and next day resolved to proceed to no further business till a Negro bill 
should pass, and requested the governor for an adjournment of a month 
or six weeks. Moreover, their position was strengthened by a refusal to 
grant any revenue for the general support of the empire or to vote taxes 
for any purpose until a law was passed establishing the right of property 
in slaves, which, they stated, might be justly deemed the riches of the 
province. 29 

Hearing of this action, the Upper House took great offense, and re- 
quested leave to inspect the minutes of the Commons, which was granted. 
Following this, on July 30, it passed twelve resolutions stating its side of 
the case and claiming that the Commons' resolution of July 26 destroyed 
the harmony between the houses and tacitly assumed a power of dictating 
to the Upper House and exercising the whole legislative authority. It 
also argued that the action was unparliamentary, and that when the two 
houses could not agree on a bill it should drop sub silentio. 30 The whole 
matter was referred to Tonyn in an address, and he accordingly ad- 
journed the Assembly from August first to twenty-eighth. 

After the adjournment the Upper House proposed, as a compromise, 
trial of Negroes in capital cases by the local justices of the peace under 
written directions from the governor in each case. The Commons made 
the counterproposal of trial under a special commission issued to the 
justices of the Court of Sessions by the governor, provided the prosecutor 
or owner applied for this special commission within ten days of the 
slave's committal and entered into a recognizance in the sum of £100 to 
bear all costs. This the Upper House rejected, partly on the ground that 



Mowat: East Florida as a British Province, 1763-1784 131 

the proposal was an encroachment on the governor's prerogative power, 
on the liberty of the subject, and on the constitution of Great Britain. 
However, it offered to pass the bill as it was, provided that the clauses 
concerning the trial of Negroes in capital cases were suspended till the 
King's pleasure was known. 31 On September 10 the Commons rejected 
this proposal as an evasion, arguing that the trial of Negroes was the 
crucial question and that, since it was a question of property, it more 
immediately belonged to the Commons House. The whole matter was 
becoming more and more a constitutional dispute over the powers of both 
houses, and in this light the Upper House represented it in a further 
address to the governor, still complaining of the Commons' resolutions 
of July 25 and 26. Finally, on September 17, receiving a renewed request 
from the Commons to inspect their journals, the Upper House resolved 
to do no business with the Commons until their message of September 10 
was revoked and erased. Following this, Tonyn, who sided throughout 
this dispute with the Upper House, prorogued the Assembly until Oc- 
tober 17. 32 

The reassembly of the two houses was accompanied by a pacificatory 
speech from Tonyn and cordial addresses by both Commons and Upper 
House. 33 However, the Commons made no move to revoke their message 
of September 10, and on October 31 the Upper House renewed its re- 
fusal to do business until this was done, and so informed the governor. 
The governor sent on this message to the Commons with a recommenda- 
tion that they review their obnoxious message. They countered on No- 
vember 5 with the proposal that each house appoint a committee to meet 
with the other for the purpose of expunging reciprocally such parts of 
the journals as seemed expedient to restore harmony. This proposal was 
put in an address to the governor, and thereafter both houses met and 
adjourned from day to day until November 12. On that day the Commons 
were summoned to the Upper House, where the governor appeared and 
made the closing speech and dissolved the Assembly. 34 

As he was required to do, Tonyn sent an account of these proceedings 
to the Board of Trade, as well as to Germain. From the board he received 
in reply a strong rebuke, which pointed out that the Council, in its stand 
over the Negro bill, was rejecting the mode of trial adopted in Georgia 
and other provinces. 

On this ground we cannot think the Council well founded in their Opposition to the 
Bill, and of course that the Dissolution of the Assembly is a measure by no means 
likely to bring about a Coincidence of Sentiment in the two Branches of the Legisla- 
ture : more especially as you seem to think, the same Members will in general be re- 
elected . . . Dissolutions of Assemblies, unless upon wellf ounded Principles, have 



132 University of California Publications in History 

rarely answered any other purpose than that of encreasing the disagreement which 
gave rise to them. 35 

The second General Assembly of East Florida was summoned to meet 
on January 7, 1782, 36 was prorogued from January 25, 1783, to April 21, 
1783, 37 and closed on March 25, 1784. 38 It opened therefore under the 
shadow of Cornwallis' surrender at Yorktown, lived on through the 
months when Savannah and Charleston were evacuated and the fate of 
East Florida, crowded with refugees, was in the balance, heard the news 
of the restoration of the province to Spain, and concluded, never to meet 
again, when many of the inhabitants had already departed for good. 
There was of course no hint of this in Tonyn's opening speech, in which 
he expressed the hope that the province, with its new fortifications, would 
provide a secure asylum for the loyal. 89 On June 16, 1782, the two houses 
received a message from the governor giving advice of General Leslie's 
intention to evacuate the troops and loyal inhabitants from St. Augus- 
tine, and drew up a joint address to Tonyn, a number of resolutions, and 
an address to the King, all expressive of their alarm, opposition, and 
loyalty. This demonstration may have contributed to the postponement 
of the evacuation. 40 Next spring, the arrival of the preliminary articles 
of peace caused Tonyn to call the Assembly together once more and 
brought forth further addresses to him and to the King. 41 The imminent 
evacuation of the troops in September, 1783, before many of the in- 
habitants had made their departure, raised further problems for the 
harassed body, and resulted in an address of protest to General Mc- 
Arthur. 42 

In spite of these distractions several important bills were passed, 43 
though one, another "Magna Carta," was passed only in the Upper 
House and was lost in the Commons. Among these was a Poundage Act 
granting the King and his heirs in perpetuity a duty of £5 on every £100 
worth of goods imported into the province from any foreign country or 
colony — a token payment that was unlikely to produce even the token. 
Another was a Police Act, which was really a sort of municipal code for 
St. Augustine, making regulations regarding sanitation, standards of 
building, fire prevention, conduct of Negroes, weights and measures, 
observance of the Lord's Day, and so forth. 44 An act for the better gov- 
ernment and regulation of Negroes and other slaves was finally passed. 
This was a comprehensive code regarding the status of Negro slaves and 
their owners' rights over them. It imposed a curfew on Negroes, forbade 
them to bear arms, compelled their owners to keep one white overseer 
over the age of sixteen for every ten slaves, and forbade them to work 
their slaves on Sunday or to permit the Negroes to leave their houses 



Mowat: East Florida as a British Province, 1763-1784 133 

without a ticket in writing. Free Indians, mulattoes, mestizoes and 
Negroes were to be distinguished by wearing a silver badge with the 
word "free" on the left arm. The penalty for slave-stealing was death, 
without benefit of clergy. In the disputed matter of the trial of slaves 
the procedure demanded by the Commons in 1781 was substantially 
followed. Any three justices of the peace had power to try and sentence 
any Negro, slave or free, within ten days of his committal, with the aid of 
a jury of twelve free whites of the neighborhood chosen by ballot out of 
eighteen and subject to challenge by the defendant up to the number 
of six ; if the Negro was convicted of a noncapital crime, the justices 
could impose any sentence not extending to life and limb ; for a capital 
crime they might sentence to death, subject to confirmation by the gov- 
ernor. Capital crimes for Negroes were defined as crimes punishable by 
death under the laws of England, and in addition the crimes of burning 
stacks of grain, tar kilns, or naval stores, poisoning, rising in insurrec- 
tion, or homicide except by misadventure or in defense of the master. The 
owner of an executed slave could recover his appraised value up to £30. 45 
A revenue act was passed to raise £3,000 for the support of the civil 
government of the province, and appropriating it for various purposes. 
It imposed the following taxes : 2% per cent of the assessed annual rent 
of houses and improved and unimproved lots in St. Augustine and its 
environs ; two shillings and eightpence on each Negro slave and twenty 
shillings on each free Negro; forty shillings on each £100 of stock in 
trade of a merchant (specified provisions excepted) ; a duty of sixpence 
a gallon on foreign rum and spirits and of threepence a gallon on British 
spirits; a duty of two shillings and one penny on every one hundred 
pounds of imported Muscovado and clayed sugar; a 1-per cent tax on 
loans, with the exception of debts to merchants and traders. The crux of 
the act was, however, the provisions for the tax on land, which was four 
shillings and twopence on every one hundred acres of land held by 
patent, grant, or warrant by any persons who had never attempted 
making any settlement, and half that sum on every one hundred acres 
of land held by all other persons. In addition, the act provided for the 
attachment of the land of absentees for taxation purposes, to be leased 
out on ninety -nine-year leases in sufficient quantities to raise the tax and 
charges, after eight months' notice had been given by advertisement in 
the London Gazette.™ Thomas Townshend as secretary of state had al- 
ready sent Tonyn an additional instruction to refuse his assent to such 
an attachment act unless it contained a suspending clause. 47 Tonyn, in 
writing of the act, admitted the defect, and added that a bill correspond- 
ing with the King's instructions had been introduced in the Upper House, 



134 University of California Publications in History 

but had lost ; it had provided that uncultivated lands granted by virtue 
of an Order in Council should revert to the crown and be disposed of as 
vacant lands, and it also established the King's right to sue for the recov- 
ery of quit rents. 48 

Such an act was in any case of little more than academic interest, since, 
when it was passed, the sands of life for British East Florida were fast 
running out. It may be wondered whether the full complement of mem- 
bers was present on the closing day, when the town of St. Augustine 
must have seemed like a house on moving day, stripped of most of its 
furnishings and with only the bare essentials left for the last hours in 
the old home. Forlorn though they were, the members passed a joint 
address to the governor, thanking him for his efforts on behalf of the 
province and asseverating their loyalty and their determination to leave 
rather than come under the domination of Spain. Tonyn in reply de- 
clared that the images in his mind of their impending separation and 
sufferings filled him with the tenderest emotions of sympathy and affec- 
tion, wished the members and their constituents all success and happi- 
ness, and concluded : "I beg leave to assure you, that I shall forever retain 
the greatest attachment for and regard to his Majesty's ever faithful 
subjects, the loyal people of East-Florida." 49 



CHAPTER IX 

" GREAT EXPECTATIONS" AND 
" BLEAK HOUSE" 

The steps which led to the return of East Florida to Spain were 
taken far away from the province. After Yorktown the dominant 
desire in Great Britain was for peace and an end to further dis- 
asters. The threat of the French and Spanish in the West Indies and 
against Gibraltar was grave. The House of Commons was in revolt against 
Lord North's long and patient leadership, which even Lord George Ger- 
main's resignation could not save. General H. S. Conway's resolution in 
the Commons against continuing the war lost by a single vote when 
first moved, but was carried a week later, on February 27, 1782. The fall 
of Lord North's government followed in less than a month, and George 
III was forced, much against his wishes, to accept the Marquis of Rock- 
ingham's government, pledged to the making of peace and the recog- 
nition of American independence. Through the following summer the 
negotiations for peace were carried on, even though Britain's position 
in the western hemisphere was improved by Lord Rodney's victory in 
the Battle of the Saintes in April. Moreover, for East Florida the posi- 
tion became darker by the capitulation of the Bahamas to Spain in May. 
The decision, therefore, to evacuate the British troops in New York 
and in the South was taken in March, 1782, even before the peace negotia- 
tions had begun in earnest, and when it was thought that the troops might 
more advantageously be used in the "West Indies. Sir Guy Carleton, the 
new commander in chief, was sent a copy of the Commons' resolution of 
February 27 before the end of March, 1 and on leaving England for New 
York was ordered, on April 4, to withdraw the garrisons from New York, 
Charleston, and Savannah and to use his own discretion regarding the 
disposition of the garrison of St. Augustine. 2 Similar orders were sent to 
his predecessor, Sir Henry Clinton, who on May 1 wrote to Lieutenant 
General Alexander Leslie at Charleston informing him of the Commons' 
resolution and ordering him to give such orders to the army in the 
Southern District, including Georgia and East Florida, as would ensure 
compliance to it. 3 

In consequence of these orders Carleton himself, on his arrival in New 
York, wrote to Leslie on May 23 telling him to expect a fleet of transports 
for the evacuation of Savannah and St. Augustine. Not only troops and 
1 For notes to chap, ix, see pp. 207-210. 

[135] 



136 University of California Publications in History 

stores, but also loyalists who wished to depart were to be carried off. 4 
Leslie in due course sent on to Tonyn word both of the Commons' resolu- 
tion and of Carleton's orders for the evacuation of St. Augustine, and the 
governor thus first received the tragic news in this roundabout way and 
from the military officials. 5 But a reprieve was on the way. In Charleston 
many persons signed memorials to Leslie against the evacuation of East 
Florida, and James Penman, then resident in the city, wrote him a letter 
pointing out the consequences of its evacuation and the value of the prov- 
ince as a frontier against Spanish attacks. 6 Even more important, Carle- 
ton in New York was persuaded to change his decision. Help came to 
the beleaguered province from an unexpected quarter. Captain Keith 
Elphinstone (subsequently Admiral Viscount Keith), who had been in 
East Florida waters with the Perseus in 1778, advised postponing the 
evacuation of St. Augustine until after Charleston and Savannah had 
been evacuated, partly because of a lack of shipping, partly because he 
felt that, if Tonyn informed the people that the evacuation would take 
place in the following winter or spring, they would take measures which 
would cause it to be accomplished more easily and speedily at that time. 
Accordingly Carleton wrote again to Leslie on May 27 authorizing him, 
at his discretion, to leave St. Augustine as it was for the present. Leslie 
acknowledged the letter at the end of June and expressed gratification 
at the relief afforded to the people of Savannah, then being evacuated, 
by having a refuge in the neighboring province. This cheering news 
reached St. Augustine in the latter part of July, 1782. 7 

East Florida was thus saved for the time being, but on condition that 
it opened its arms wide to receive the loyalist refugees from Savannah 
and Charleston. The former town was evacuated in July, 1782, and 
Charleston during the autumn. 8 Even before the evacuation of Savannah 
some three hundred persons had arrived in East Florida from Georgia. 9 
In October Tonyn reported the arrival of about fifteen hundred whites 
and one thousand Negroes from Georgia : most of the whites were back- 
woodsmen, intolerably indolent and in great distress. 10 In November the 
Charlestonians began to arrive, including many substantial merchants 
and planters. Tonyn settled them on granted but uncultivated lands and 
expressed the hope that their coming would prove a happy era for the 
province. Colonel Brown helped in pointing out lands and procuring 
settlements on the St. John's. 11 By November 14 it was reported that 
722 whites and 1,659 Negroes had come from Georgia, 1,383 whites and 
1,681 Negroes from Carolina. 12 By December 23 further refugees had 
arrived, numbering 911 whites and 1,786 Negroes from Georgia, 1,517 
whites and 1,823 Negroes from Carolina. 13 A later return of refugees 



Mowat: East Florida as a British Province, 1763-1784 137 

dating from the spring of 1783" gave the total number of refugees as 
follows : 

From Georgia From South Carolina Total 

Whites 1,042 2,018 3,060 

Blacks 1,956 2,563 4,519 

Total 2,998 4,581 7,579 

Using these and other figures, the total number of refugees has been esti- 
mated as 5,090 whites and 8,285 Negroes, altogether 13,375 persons. 
Assuming a previous population for the province of 1,000 whites and 
3,000 Negroes, the total population of East Florida in 1783, before its 
own evacuation began, was 17,375. 15 

The plight of these refugees must have been pitiful indeed. Families 
long resident in Georgia or South Carolina, and perchance having al- 
ready been forced to move two or three times from plantation to planta- 
tion, from country to town, were now herded together, prosperous and 
poor alike, on the quays of Savannah and Charleston, surrounded by 
cases and bundles containing their few salvaged effects, and waiting to 
embark with their Negroes in the transports which a great-hearted gov- 
ernment was providing to take them to their new home. And what a home 
it was ! The sleepy little town of St. Augustine was a poor exchange for 
the graceful elegance of Charleston, the waste of level grasslands and 
pine barren at the mouth of the St. John's a poor prospect compared with 
the bluff of Savannah. The whole country, so little of it settled, crossed 
by so few roads, had little to commend it in comparison with the low 
country and the piedmont of their native colonies. They must settle 
where they could, buy a town lot or take up a virgin tract in the country, 
and begin pioneering all over again, though many must have had a chill 
suspicion that this was not to be their lasting home but only another 
place of sojourn. They were helped, it was true, by six months' rations 
provided by the military authorities, and tools supplied with difficulty 
by Tonyn's government. John Winniett, appointed commissary for refu- 
gees by Lieutenant Colonel Glasier, made returns of their numbers, and 
with the help of a committee of the principal refugees distributed the 
provisions. There was always the danger of a shortage, though Carleton 
sent six months' supplies from New York in March, 1783, and all the 
ships arrived safely by the middle of May except the Eliza, which was 
wrecked near Cape Fear. Government rations were continued until the 
end of September, 1783, or even later, and the population was encour- 
aged to raise crops during that summer. 19 

At the same time the fear persisted that the province, in spite of its 



138 University of California Publications in History 

great increase in population, would be left defenseless. Although he 
talked of it in June, General Leslie did not finally order the departure 
of the two battalions of the 60th Regiment from St. Augustine until 
October, 1782, when transports to fetch them were dispatched from 
Charleston, carrying a number of provincial troops to replace them. 
These were the King's Rangers (the erstwhile East Florida Rangers), 
two regiments from North and South Carolina respectively, and a small 
detachment of the Royal Artillery under Lieutenant Henry Abbott. The 
new garrison had arrived, and the men of the 60th had departed by the 
end of October, 1782. A monthly return of November 1 showed a force 
of four hundred effectives from the provincial regiments (though their 
number may have increased later), and forty-six artillerymen. 17 The 
new garrison improved rapidly in their drill and discipline. "Consider- 
ing the service they were upon [they] are by no means so licentious as I 
expected," wrote the hard-boiled regular officer in command, McArthur, 
though he later reported that six men of the North Carolina Regiment 
had deserted, but had surrendered, after pursuit, on the death of their 
ringleader. As a rule they lived in harmony with each other and with the 
inhabitants. 18 

The coming of the loyalist refugees, however serious their plight, 
brought to Florida what was probably its first land boom. The towns of 
St. John's Bluff (or Hester's Bluff) and Hillsborough on the St. Mary's, 
which had been languishing up to this time, now grew rapidly. At St. 
John's Bluff numerous frame houses were run up, taverns, stables, and 
shops appeared, and the place even boasted a medical practitioner. Tonyn 
reported that there were three hundred houses there, and McArthur 
commented on its rosy future. Moreover, it seemed that it might become 
a port of consequence, where both refugees and provisions were landed 
and the naval stores and other products of the St. John's River country 
were loaded on board ship. 19 St. Augustine also expanded, with hastily 
built cabins, walled and thatched with palmetto leaves, springing up 
round the town. 20 

In these conditions the pace of life quickened in the capital. Old resi- 
dents and newcomers, soldiers and seamen from the transports, Negro 
slaves, and frequent and unwelcome bands of visiting Indians, all must 
have added confusion and noise to the narrow streets, the square, and the 
harbor. A long notice from the Police Office against the sale of liquor by 
unlicensed persons suggests problems of drinking and gaming. An assize 
of bread fixed the price of flour monthly and also the corresponding 
weight of the sixpenny loaf of bread. 21 A district court was finally cre- 
ated. 22 For the first time under the British the capital was a patron of the 



Mowat: East Florida as a British Province, 1763-1784 139 

theater. A performance of "The Beau Stratagem" and "The Entertain- 
ment of Miss in her Teens" was advertised for March 3, 1783, in the state- 
house by a troup of amateurs for the benefit of the distressed refugees. 
A similar presentation of "Douglas, a Tragedy," and the "Entertainment 
of Barnaby Brittle," was announced for May 20. 23 

Perhaps, however, the real sign of the province's precocious develop- 
ment was the appearance of a press. A payment of £4/12/6 to James 
Johnston in the contingent accounts for 1781-82 for printing three 
proclamations 24 may of course have been a payment to a printer outside 
the province. But of the existence of the East-Florida Gazette, printed 
at St. Augustine, there is no question. It was published as a weekly from 
February 1, 1783, to March 22, 1784, though only the issues for March 1 
and May 3 and 17, 1783, have so far come to light. It was printed by 
Charles Wright for John Wells, Junior, at the Printing Office in Treas- 
ury Lane. John Wells, son of a Tory bookseller in Charleston who had 
published the South Carolina and American General Gazette, came to 
St. Augustine as a refugee and subsequently went to the Bahamas ; his 
brother, Dr. William Charles Wells, who was with him in St. Augustine, 
was a distinguished physician and scientist, in his ideas a precursor of 
Darwin. 23 John Wells also published two books — the first two to be 
printed in Florida. The first was The Case of the Inhabitants of East- 
Florida, with An Appendix, containing papers, by which all the facts 
stated in the case, are supported (St. Augustine, East-Florida, 1784), 
which was a demand for compensation for those evacuated from the 
province. 26 The second was Samuel Gale's Essay II. On the Nature and 
Principles of Public Credit. 27 This treatise in economics was not actually 
published in St. Augustine, but between one hundred and one hundred 
and twenty copies were struck off there, for private distribution; it was 
subsequently published in London in 1784. Gale, who came from Cum- 
berland County, New York, was in St. Augustine temporarily as assist- 
ant deputy paymaster general in the army. 28 

One episode of a sterner and yet theatrical sort connected with this 
period of St. Augustine's history deserves to be mentioned, the recapture 
of the Bahamas by Colonel Andrew Deveaux' expedition in 1783. This 
was in fact the last military episode of the war, or rather the first of the 
peace, as it was completed nine days after the signing of the peace which 
restored the Bahamas to Great Britain. Deveaux, a young Carolinian 
from Beaufort, at his own expense fitted out five privateers and set off 
from St. Augustine with a mixed force of provincials and local volunteers 
and Negroes to the number of two hundred and twenty. Landing near 
Nassau, his men surprised an outer fort and took up a position above the 



140 University of California Publications in History 

town, from which, after setting up straw men to increase their apparent 
numbers, they summoned the principal fortress to surrender. This was at 
first refused, but a few well-directed shots from their cannon induced 
the Spanish governor to change his mind, and he capitulated on April 18, 
1783, with his force of five hundred well-equipped troops, seventy pieces 
of cannon, and six galleys. 29 

Meanwhile, however, the peace negotiations were proceeding in Eu- 
rope. Main interest has attached to the negotiations in Paris from 
which the treaty between Great Britain and the United States resulted, 
and it was not in fact until late in 1782 that the negotiations between 
Great Britain, France, and Spain were far advanced. The French and 
Spanish demands, presented early in October, 1782, included the cession 
of Dominica and St. Lucia to France, and Minorca, the Bahamas, Flor- 
ida, and Gibraltar to Spain. The surrender of Gibraltar, the great object 
of Spain, was by no means opposed by George III, and indeed was ap- 
proved by the Cabinet on December 3, 30 though after the news of its 
triumphant defense reached London, it became clear that there would 
be some public opposition to the proposal. To hasten the negotiations, 
France made two alternative proposals; the first was for Britain to 
receive Guadaloupe and Dominica for Gibraltar, the second for Britain 
to keep Gibraltar but to give an equivalent. The first proposal was re- 
jected by Lord Shelburne's government, largely because it would entail 
receiving Martinique as well, since it would become useless by itself if 
Guadaloupe and St. Lucia were ceded, and this would make it necessary 
to offer France something in return for Martinique. So, instead, Shel- 
burne suggested that Britain should keep Gibraltar and offer the 
Floridas and Minorca to Spain in compensation. 31 To this the Spanish 
plenipotentiary at Paris agreed. 32 For this result, the British retention 
of Gibraltar and the loss of the Floridas, much responsibility rests with 
the French foreign minister, Vergennes, who throughout the negotia- 
tions had been secretly opposed to the restoration of Gibraltar to Spain, 
since this would remove the prime cause of Anglo-Spanish hostility on 
which the Family Compact of France and Spain rested. 33 

For the sake of Gibraltar, Great Britain could well afford to yield 
the Floridas. "West Florida had been conquered, and East Florida seemed 
useless without it. It had been in British possession for only twenty 
years, was scarcely settled, and could well be used as a counter in the 
diplomatic game. To the loyalists who were flocking to it as a last asylum 
no thought was given. The arrangement pleased George III, though 
regarding Gibraltar he admitted "I should have liked Minorca, the two 
Floridas and Guadaloupe better than this proud Fortress, and in my 



Mowat: East Florida as a British Province, 1763-1784 141 

opinion source of another war, or at least of a constant lurking enmity." 34 
The King was perhaps wiser than he knew, and it is tempting, though 
profitless, to speculate on the course of history, had the Floridas, rather 
than Gibraltar, remained in British possession. As it was, the prelim- 
inaries of peace between Great Britain, France, and Spain were signed 
on January 20, 1783, and on September 19, 1783, they were ratified in 
the definitive treaty. By the fifth article of the treaty East Florida was 
ceded to Spain, a term of eighteen months being allowed for British 
subjects to sell their estates, recover their debts, and remove their fam- 
ilies and effects without being restrained under any pretense whatever 
except that of debts and criminal prosecutions. The British were also 
entitled to remove artillery and other government property. 35 

In the discussions over the peace treaty in England, little attention 
seems to have been given to the cession of East Florida. William Knox, 
whose memory went back to that other Treaty of Paris of 1763, pointed 
out that the government had, in blithe ignorance, given to Spain more 
of Florida than had been received from her twenty years earlier, since 
Mobile and that part of West Florida which had been ceded by France 
in 1763 were included in the two Floridas surrendered to Spain in 
1783. 38 In the debate in the House of Lords over the preliminary articles 
some notice was taken of Florida. Lord Walsingham questioned whether 
its cession was either legal or politic, particularly since no guarantees 
had been obtained for the religious freedom of the inhabitants or for 
permission for them to sell their effects and retire when they pleased. 
Other peers spoke in similar vein. Shelburne observed in reply that the 
trade of the Floridas was valued at only £100,000 in imports, £120,000 in 
exports, and that this was not an object worth contending for at the 
hazard of war. 37 

In the House of Commons the lengthy debate in February, 1783, also 
included only a few references to East Florida. Lord North attacked the 
government for its surrender, arguing that the loss of West Florida 
made it more, not less, valuable as a protection against privateers prey- 
ing on the Jamaica trade. Ex-Governor Johnstone of West Florida de- 
plored the loss of the Bay of Tampa, one of the finest harbors in the 
world. Observing the surprise of the secretary of state, Townshend, at 
this claim, he acidly added "see the right hon. secretary is ignorant 
where the bay lies," which was doubtless all too true. Mr. Sheridan 
execrated the treatment of the East Florida loyalists as an instance of 
British degradation equal to the government's weak attitude regarding 
the treatment of the loyalists by the United States. 38 These arguments 
were substantially repeated in Anderson's Origin of Commerce, with 



142 University of California Publications in History 

the added point that the heavy cost of maintaining the government of 
East Florida was out of all proportion to the value of its trade. 39 

There were however at least two interested parties in England who 
showed concern over the fate of East Florida. One was the newly ap- 
pointed provincial agent, Grey Elliott, who addressed a memorial to 
Lord North on the plight of the inhabitants in July, 1783. 40 The other 
was a group of merchants, planters, and proprietors of land in East 
Florida under the chairmanship of Lord Hawke, son of the admiral, who 
had been one of the original grantees. They formed in London a body 
referred to as the Florida Meeting and addressed several letters to the 
government during 1783. Though they asked for favorable treatment 
for the East Florida loyalists, their main concern was naturally for 
themselves, as absentee proprietors. They claimed to deserve compensa- 
tion equally with the loyalists, and requested in vain that an official 
commissary should be sent out to supervise the sale of the proprietors' 
lands and properties. 41 

Suddenly, out of a clear sky, came word to the people of East Florida 
of these distant negotiations in which, unknown to them, their fate had 
been sealed. The crowded life of the still expanding province was cut 
short. On receiving the news 42 Tonyn published a proclamation on April 
21, 1783, announcing the cession of the province and requesting the in- 
habitants to lose no time in settling their affairs. 43 A second proclamation 
followed on April 29 giving information that Admiral Digby had 
promised assistance and shipping in removing the inhabitants to Eng- 
land, the "West Indies, and any other of the King's dominions, and re- 
questing inhabitants not engaged in agriculture who wished to leave to 
give in their names and destinations at the secretary's office. However, it 
also stated that, since the definitive treaty had not been signed, the 
evacuation would probably not take place that summer, and urged those 
in agriculture to be attentive in raising crops for their future sub- 
sistence. 44 

Thus Tonyn did not greatly encourage the inhabitants to evacuate the 
province during the summer of 1783, and other reasons combined to 
retard their departure. One was a rumor contained in some private 
letters from London that the government might exchange Gibraltar for 
Puerto Rico and the Floridas. Another was the reports of the violent 
measures against the loyalists threatened in many of the American 
states, which made the people more undecided than ever what to do. 45 
An unfavorable report of the rocky Bahamas, which many had thought 
of as a new place of refuge, was brought back in September by Lieu- 
tenant Wilson, the engineer, sent there to inspect the military state of 



Mowat: East Florida as a British Province, 1763-1784 143 

the islands; this naturally added still further to the general uncer- 
tainty. 40 The result was not an orderly evacuation, but the "utmost con- 
fusion." Robbing and plundering were rife. The people were angry at 
heart, and there was a fear of some disturbance whenever the Spaniards 
should arrive. The troops were mutinous at the thought of their enforced 
departure and planned to burn the barracks, plunder the town, and seize 
the fort, and then to arm the Negroes and kill every white man who 
opposed their keeping the country to themselves. The plan miscarried, 
and a few of the men were killed in an affray one night. The town was 
full of people from Carolina and Georgia reclaiming Negroes assertedly 
plundered during the war. The Indians were frequently in town, swear- 
ing vengeance against the King for giving away their country and 
threatening murder to any Spaniard. 47 On top of this, "banditti" from 
the American states, swollen by other "exasperated and disorderly" 
people, began to infest the frontier and make raids on the plantations. 
The prospect of the withdrawal of even the dubious protection afforded 
by the troops added horror to the scene. 48 Things were as bad or worse 
when Dr. Schoepf visited St. Augustine in March, 1784. He described 
the motley populace, Minorcans, a few Spaniards, French, English, 
Americans, Germans. A few malefactors, he wrote, were taking advan- 
tage of the confusion and disorder to rob on the roads and plunder houses 
without let or hindrance, so that it was unsafe to go far from town. 49 

The evacuation of the troops was carried forward in the fall of 1783, 
over half the provincials being discharged at St. Augustine, the re- 
mainder accepting the alternative offer of transportation to the Ba- 
hamas or Nova Scotia before receiving their discharges. 50 However, at 
about the same time, in November, 1783, three companies of the 37th 
Regiment, comprising one hundred and fifty men, arrived at St. Au- 
gustine from New York. 51 They and the detachment of the Royal Ar- 
tillery presumably remained until after the arrival of the Spanish 
governor, for it was reported in August, 1784, that McArthur and the 
garrison were departing from St. Mary's for Providence on the twelfth 
of that month. 52 However, in October, 1783, Tonyn wrote that to check 
dangerous robberies he had been compelled to raise two troops of horse 
in the province. 58 

Meanwhile the inhabitants were still uncertain of their fate. No word 
of the definitive treaty had arrived. No representatives of the Spanish 
government had arrived. No arrangements had been made by the Brit- 
ish government to provide shipping for those who were to be evacuated 
from the province. Tonyn wrote to the secretary of state in September, 
1783, that they were totally in the dark on such matters. In a letter to 



144 University of California Publications in History 

Admiral Digby at New York, requesting assistance, he estimated that 
tonnage was needed for perhaps ten thousand persons who might be 
expected to leave out of the estimated population of sixteen thousand, 
and that in addition there were twenty thousand barrels of tar and 
turpentine and a considerable stock of merchants' goods to be removed. 54 
In November he summed up the situation as follows : 

The pressure, my Lord, of our unhappy situation, affects the passions so variously, 
that no representation can give your Lordship a true notion of it, circumstances arise 
unexpectedly, and change in a moment; and things fluctuate in disorders which 
cannot be prevented, and are very perplexing and embarrassing. 55 

It was not, apparently, until some time in the spring of 1784 that the 
uncertainty was ended when Tonyn received a dispatch of December 4, 
1783, containing definite orders for the evacuation of the province. An 
earlier dispatch of September 30 had enclosed a copy of the definitive 
treaty of peace, concluded on September 19, and had included the royal 
sign manual authorizing him to deliver up the province to a Spanish com- 
missary appointed for the purpose within three months of the ratifica- 
tion or sooner. 66 The December dispatch pointed out that the treaty gave 
a period of eighteen months during which British subjects could sell 
their estates and remove their families and effects if they desired to 
leave, and announced that four thousand tons of shipping was being 
sent to St. Augustine for the evacuation and that the commanders at 
the Leeward Islands and Jamaica had been asked to supply shipping as 
well. Land in the Bahamas was to be purchased by the government to 
provide free grants for loyalists from East Florida, and land would also 
be available in the West Indies. However, the loyalists would be carried 
at public expense to any of the King's possessions in Europe, America, 
or the "West Indies, for which reason the shipping was to be used on as 
many trips as were necessary to complete the evacuation. The dispatch 
ended by desiring Tonyn to continue in East Florida after the transfer 
of the government for so much of the term stipulated for the evacu- 
ation as he judged necessary to regulate the embarkations and assist the 
people in the disposal or removal of their property, since it was neces- 
sary that a person of influence and discretion should be on the spot at 
such a time. 57 

In conformity with these orders Tonyn issued a printed proclamation 
on May 6, 1784, ordering inhabitants to make application before May 
29 to Lieutenant Colonel William Brown, commissioner of embarkation 
at St. Augustine, or to Lieutenant Robert Leaver, agent for transports 
at St. Mary's, to receive directions to embark on the vessels allotted to 
them. 58 Many had left by this time, in spite of delays caused by the diffi- 



Mowat: East Florida as a British Province, 1763-1784 145 

culty of obtaining small craft to carry persons and effects over the bar 
to the transports, the necessity of constructing shelters on the transports 
against the scorching sun, and the trouble entailed in assembling the 
scattered population. 59 Many, however, had tarried in hopes of finding 
purchasers for houses and land, but few Spaniards arrived at first and 
there was no market for anything except houses in St. Augustine, and 
those at a quarter of their value. Some left property in the hands of 
persons like Francis Philip Fatio who were remaining behind, hoping 
that it would be sold for them and the proceeds remitted later ; 60 thus did 
the British imitate the Spanish "sales in confidence" of 1763. David 
Yeats and John Leslie were appointed to supervise and register what 
sales occurred, to aid in adjudging subsequent claims on the British 
government for compensation. 

Thus there were still many British subjects in the country when the 
Spanish governor, Zespedes, arrived at St. Augustine on June 27, 
1784. He was received by Tonyn in the Square, and was conducted to 
the "Government House," where he exchanged compliments and pro- 
duced his dispatches and a packet for Tonyn. The formal transfer of 
government did not, however, take place then and the next several days 
"insensibly slipped away" in the entertainment of the newcomers. Thus 
an awkward interregnum ensued, when it was doubtful whether English 
or Spanish law was in effect. After some correspondence between the 
two governors it was agreed that the delivery of the fort should mark 
the end of the British regime and the beginning of Spanish rule. Because 
of delay in the removal of stores, this did not take place until July 12. 61 

Zespedes then issued a proclamation on July 14, 1784, in which he 
announced the establishment of the Spanish government and promised 
British inhabitants the freedom to retire and to sell or remove their 
goods within eighteen months of September 19, 1783, according to the 
terms of the peace treaty. Heads of families were within twenty days 
to register themselves, their families, servants, and slaves with the gov- 
ernor's secretary, Howard; any persons under the ban of the British 
government who surrendered themselves within the same period would 
also be permitted to retire freely. Disputes between British subjects 
were to be settled by arbitration among themselves, enforced by Spanish 
authority. 62 A second proclamation, issued on July 26, ordered slave- 
owners who lacked title deeds to enter the slaves in the secretary's office, 
and ordered unattached Negroes to take out permission to hire them- 
selves for private employment or to work for the public ; failure to do 
so would result in the individual's being considered as a slave of the 
King of Spain. 63 



146 University of California Publications in History 

It was later held by Tonyn and Hume that these proclamations in- 
fringed on the terms of the peace treaty permitting the free emigration 
of British subjects. The result was that during the remainder of his 
stay in the province Tonyn was engaged in a series of disputes with 
Zespedes. 64 These involved the activities and punishment of Daniel Mc- 
Girtt and his gang of banditti, the countermeasures of the troop of 
light horse previously raised by Tonyn under one Colonel Young, the 
wild and incoherent schemes of a certain John Cruden and his "United 
Loyalists" to set up a government of their own between the St. John's 
and St. Mary's rivers, and various disputes over property, which caused 
complaints against decisions made by Fatio, whom Zespedes had ap- 
pointed "Judge over His Britannic Majesty's Subjects." 

All such matters were the subject of petitions to Tonyn as the pro- 
tector of the British population. Zespedes, however, resented and 
rejected Tonyn's claim, based on his instructions from Lord North in 
December, 1783, to be the representative of King George and so the 
champion of the British. Moreover, the frequent and natural reference 
to him as "Governor" Tonyn was galling to the Spanish. One may guess 
from Tonyn's previous record that his manner had a good deal to do 
with the strained relations which existed between himself and Zespedes ; 
this is confirmed by the fact that between Zespedes and other British 
officials, such as General McArthur and Lieutenant Colonel Brown, great 
cordiality existed. 65 

Meanwhile the evacuation continued. Tonyn had fixed February 20, 
1785, as the day of the final sailing of the transports from St. Mary's, 
whence most of the evacuation was carried out, but he asked that repre- 
sentations might be made to the Spanish court for an extension of the 
time, which expired on March 19. Eventually this was granted, prolong- 
ing the term until July 19, 1785. Relations were considerably smoother 
between Tonyn and Zespedes during 1785 — thanks to orders from 
Havana, Tonyn thought. In April, Tonyn was reporting that no British 
planters remained in the country, that about ten thousand souls had 
already left on the transports, and that over four thousand had passed 
into the mountains in the interior parts of America. Many had gone to 
the Bahamas, and thither he was shipping the fire engine, bells, and 
church pews which the Spaniards refused to purchase. 68 

In August, 1785, Tonyn was on board His Majesty's armed ship Cyrus 
in the port of St. Mary's, and informed Lord Sydney, the secretary of 
state, that, the evacuation being complete, he was leaving in a few days. 67 
Alas for his hopes ! The fate which had dogged British shipping during 
the province's history showed its power for the last time; the Cyrus, 



Mowat: East Florida as a British Province, 1763-1784 147 

after getting over the bar on September 11, was forced back by a change 
of wind and, letting go an anchor, sat down upon it and was considerably 
damaged. Weeks were spent on repairs, but the Cyrus remained very 
leaky, so that it was necessary to wait for the return of two of the trans- 
ports, which had gone to New Providence and which were summoned 
back by an express vessel which was itself wrecked on the way and with 
difficulty limped to its destination. 63 Tonyn's last letter from St. Mary's 
was dated November 10, 1785. On January 11, 1786, he wrote from Ports- 
mouth to inform Sydney of his arrival, after a passage of fifty -three 
days, in the Two Sisters transport. "With him were some of the civil 
officers and their families 69 — Hume, David Yeats, Peter Edwards, and 
perhaps some others whom Tonyn had earlier stated would accompany 
him. 70 Thus was completed the evacuation of East Florida, the last piece 
of non-British territory in North America, except for the western posts 
on the Canadian- American frontier, to be evacuated by the British after 
the close of the war. 

Almost all the British population, old residents and refugees, whites 
and Negroes, preferred to leave rather than remain under an alien gov- 
ernment which, it was feared, might impose a change of religion. Apart 
from those who took the wilderness trails into the back country, over 
3,200 went to the Bahamas and nearly as many to the United States, 
281 to "Europe" (that is, to Great Britain), 880 to Nova Scotia, about 
1,850 to Jamaica, Dominica, and elsewhere. 71 The Minorcans, however, 
mostly remained, as did a few score of other British residents. A Span- 
ish census of 1786, when the population of St. Augustine and environs 
is estimated to have been nearly 1,700, showed the presence of 539 
Minorcans, Italians, and Greeks, and 213 foreigners, the latter compris- 
ing 48 white males and 38 white females, 72 male Negroes and 55 female 
Negroes. A total of twenty-three foreign families was listed, most of 
them being apparently refugees of recent years rather than old British 
residents. The principal figures in this group were Francis Philip Fatio, 
John Leslie, and Jesse Fish. Fish's residence on Anastasia Island thus 
spanned the twenty-odd years of British rule from the first to the second 
Spanish occupation. The rest of the population in 1786 was made up of 
the garrison, Spanish residents, and a number of Floridanos, inhabit- 
ants under the first Spanish regime, who had spent the intervening 
years in Cuba. 72 

Echoes of the British rule in East Florida were, however, to be heard 
for many years. Tonyn, Peter Edwards, Hume, and Cowan, the last 
crown agent, received their salaries up to June 24, 1786, though the 
salaries of the other officials terminated in June, 1785. 73 In 1785 and 



148 University of California Publications in History 

1787 Parliament passed acts providing for compensation to loyalists and 
those who had suffered losses through the cession of East Florida to 
Spain. The East Florida Claims Office, which was established in Lon- 
don, heard 372 claims between 1787 and 1789, including some from the 
Bahamas, Jamaica, and elsewhere. A total of £647,405/6/9 was claimed, 
and £170,351/11/0 was awarded. 7 * Substantial if tardy justice was thus 
done to the people in East Florida whom the British government, in 
1783, had unceremoniously consigned to such an uncertain fate. More 
than a generation later British titles to East Florida lands were again 
produced from chests and files and lawyers' offices to support claims 
on the United States government for lands in Florida after its final 
change of flags, from Spanish to American, in 1821. The commissioners 
appointed under acts of Congress to adjudicate land claims in the 
Floridas were obliged to pass mainly upon Spanish titles, but several 
of these went back to British grants, and such titles, if accepted as valid 
under the Spanish government, were confirmed by the United States. 
This included, however, less than a dozen claims. Many more were re- 
jected, including those advanced by the heirs of Drayton and Dr. Turn- 
bull. Even shorter shrift was, naturally, given to the preposterous claims 
put forward by the descendants of absentee British proprietors. Such 
claimants included the Earls of Grosvenor and Bessborough, the Marquis 
of Hastings (the Earl of Moira's descendant), and the heirs of Tonyn 
and David Yeats. 75 

In Florida itself the traces of the twenty years of the British regime 
became, under the Spanish and American governments, ever fainter, 
as the time passed. Physical remains were few. In St. Augustine the 
British had patched and added to Spanish buildings instead of con- 
structing new ones, with the exception of the luckless and short-lived 
"New Barracks." Plantations soon became overgrown and were hard to 
discover. The St. Mary's boundary was a British heritage. So was the 
name New Smyrna, though Cowford, Rollestown, St. John's Bluff, and 
Hillsborough disappeared, possibly for the best. In the population of 
Florida the Minorcans are still an important and respected element in 
St. Augustine, and descendants of Francis Philip Fatio and Dr. Turn- 
bull, if not of other British residents, are still to be found in the state. 
Moreover, even in the second Spanish regime Florida was never quite 
as it had been before the British came. The land policy was modified 
under the British example. Roman Catholicism was not required of 
settlers. The British rule left a heritage of freedom which did not wholly 
disappear, and Spanish exclusiveness never returned in all its fullness. 78 

Thus perished the British province of East Florida. It became a brief 



Mowat: East Florida as a British Province, 1763-1784 149 

and almost forgotten episode in the unfolding history of the British 
Empire, the tale of a province casually acquired, carelessly abandoned. 
Its foundations had been well laid by Grant, but its growth had been 
slow, perhaps because the lack of a General Assembly reflected the 
apathy of most of the few immigrants it attracted and chilled the en- 
thusiasm of the finer spirits it contained, perhaps because the greed of 
nobles and gentlemen and merchants in England in taking out paper 
grants to its lands was a discouragement to those who might have come 
with more determined purpose. It had failed to justify itself by the only 
test that ministers of the eighteenth century cared to apply, the con- 
tribution of its trade to the prosperity of the mother country. The possi- 
bilities of its climate were not then understood. The bad reports of its 
sole harbor for most of its history, St. Augustine, placed it off the lanes 
of shipping. The Indian hold over all the western side of the peninsula 
prevented the development of alternative ports and the extension of 
settlement there. Given time, it might have shown all the elements of 
sturdy growth; but that growth was cut short by the American Revo- 
lution, which subjected it to abnormal conditions and forced outside it 
as outcasts such men as Drayton and Turnbull who had ability and 
energy, but had a spirit of independence also. Twenty years is no long 
time by which to judge a country. For East Florida, at least, the span 
was too short to produce a firm and reliant society, too short for the 
roots to take much hold of the soil. 

So the province left little but memories, varied memories which be- 
came ever more faint as the years passed. Bitter memories for Dr. 
Turnbull, for Drayton memories full of scornful contempt, as both lived 
out their lives in the more congenial climate of the state of South Caro- 
lina. For Moultrie, in quiet retirement in London and at Shifnal, in 
Shropshire, there were reminiscences of the opulence of Bella Vista and 
Rosetta Place, tinged with sadness that differing views had sundered 
him from brothers and friends who had stayed on in Charleston as the 
founders of a new order. He died in London in 1798 and was buried in 
Shifnal. 77 Tonyn, who became a general, but was disappointed in his 
hopes of another governorship, lived on in Park Street, near Grosvenor 
Square, in London, till his death on December 30, 1804, in his eightieth 
year ; 78 his memories of East Florida would be bitter-sweet at the best. 
Governor Grant, the corpulent laird of Ballindalloch, who outlived 
Tonyn by more than a year and died on April 13, 1806, 79 was probably 
the happiest in his memories, as he sipped his port before the fire and 
watched the flickering lights it cast upon the walls. Midday rides to the 
Villa to look over his indigo ; mornings at the Council table, signing land 



150 University of California 'Publications in History 

grants ; a walk to the fort, or to the bay to view the shipping ; dinners 
for Haldimand and the officers of the army; these were perhaps his 
memories, though they may have strayed to the view from the belvedere 
in his garden, across the little Parade with its avenue of trees, to the 
bay and the island, or recalled those evenings with Mulcaster and poor 
Forbes and the others of the junto, in the print room, with the "wicked 
bottle" making the slow circle of the men seated round the fire. The fire 
and the bottle he still had ; but the chairs were empty. 



APPENDIX 



I. TABLES OF TRADE AND SHIPPING RELATING 
TO EAST FLORIDA 

TABLE 1 
English Imports and Exports from and to Florida, 1763— 1775 a 



Year 


Imports into England 


Exports from England 


From Florida 


Total 


To Florida 


Total 


1763 

1764 

1765 

1766 

1767 

1768 

1769 

1770 

1771 

1772 

1773 

1774 

1775 


£ 294 

684 

2,113 

12,681 

14,078 

1,744 

3,688 

21,856 

15,722 

7,129 

22,335 

21,504 


£11,665,036 
10,364,307 
10,889,742 
11,475,775 
12,073,956 
11,878,661 
11,908,560 
12,216,937 
12,822,205 
13,298,452 
11,406,841 
13,275,599 
13,548,467 


£ 9,946 
15,004 
19,888 
38,718 
30,963 
32,572 
29,509 
39,857 
66,647 
40,458 
51,502 
52,149 
30,628 


£16,160,181 
16,512,403 
14,550,507 
14,024,964 
13,844,511 
15,117,982 
13,438,236 
14,266,653 
17,161,146 
16,159,412 
14,763,253 
15,916,343 
15,202,365 



a This table is based on those given in Anderson, Origin of Commerce (1801), IV, 43, 59, 82, 104, 115, 126, 
134, 142, 154, 162, 170 (to 1773 inclusive); Macpherson, Annals of Commerce (1805), III, 564, 585 (for 1774, 
1775). Anderson's figures for 1763-1773 correspond very closely with those given in Macpherson, III, 
passim, for the same years, and with those given for 1768 and 1769 in an account of English imports and 
exports for those years in Treasury 64/276 (folios not numbered). Anderson's figures are based on the 
annual accounts submitted to the House of Commons. The figures refer to England, not to Great Britain, 
and to English imports and exports from and to all parts of the world, and not merely from and to British 
colonies. Shillings and pence have been omitted in reproducing these tables. 



TABLE 2 

English Imports and Exports, 1774 a 



Imports 


Exports 


into England 


from England 


£13,275,599 


£15,916,343 


22,335 


52,149 


210,874 


153,288 


432,302 


378,116 


1,496,686 


674,949 


112,248 


562,476 


80,008 


437,937 


69,611 


625,652 


612,030 


528,738 


67,647 


57,518 


1,675 


47,148 


74,123 


307,635 


461,811 


115,453 



Total, all countries 

Florida 

Barbados 

Carolina 

Jamaica 

New England , 

New York 

Pennsylvania 

Virginia and Maryland . 

Georgia 

Nova Scotia 

Quebec 

Grenades 



■ Macpherson, Annals of Commerce, III, 564. 



[153] 



154 



University of California Publications in History 



TABLE 3 

English Imports and Exports from and to Georgia, 1735-1765 a 





Imports into England 


Exports from England 


Year 


From Georgia 


Total from 
all countries 


To Georgia 


Total to all 
countries 


1735 

1740 

1745 

1750 

1755 

1760 

1763 

1764 

1765 


£ 3,010 
924 

1,942 
4,437 
12,198 
14,469 
31,325 
34,183 


£ 8,160,184 

6,703,778 

7,847,123 

7,772,039 

8,772,865 

9,832,802 

11,665,036 

10,364,307 

10,889,742 


£12,112 

3,524 

939 

2,125 

2,630 

44,908 
18,338 
29,165 


£13,544,144 
8,869,939 
10,497,329 
15,132,004 
12,112,255 
15,579,073 
16,160,181 
16,510,403 
14,550,507 



' Anderson, IV, 37-43, 59, 



TABLE 4 
Shipping at St. Augustine, 1764-1772 a 





Number of ships entered inwards b 


Number of ships cleared outwards' 5 


Year 


Extra- 
continental 
voyages 


Intra- 

continental 

voyages 


Total 


Extra- 
continental 
voyages 


Intra- 

continental 

voyages 


Total 


1764 c 



2 
3 
3 

10 

11 

6 

7 
4 


9 
30 
28 
33 
42 
45 
44 
23 
22 


9 

32 
31 
36 
52 
56 
50 
30 
26 





1 


4 

5 
2 
3 


8 
34 
33 
34 
52 
52 
47 
30 
25 


8 


1765 


34 


1766 


34 


1767 


34 


1768 d .. 


56 


1769 


52 


1770 


52 


1771 


32 


1772 


28 







a The figures for 1764-1767 are derived from the returns of the Naval Officer at St. Augustine, which 
constitute CO. 5/573: those for 1768-1772 from the tables of the vessels entered inwards and cleared out- 
wards at the several ports of North America in Customs 16/1, pp. 1-4, 37-40, 99-102, 165-168, 225-228. The 
Naval Officer's returns go down to June 24, 1769; his figures for 1768 differ from those in Customs 16/1, 
and are as follows : inwards, 9 extracontinental, 50 intracontinental, total 59 ; outwards, 3 extracontinental, 
52 intracontinental, total 55. 

b Voyages from and to Great Britain, Ireland, southern Europe, Africa, and the West Indies were 
extracontinental: voyages from and to North American ports, Bermuda, and the Bahamas (New Provi- 
dence) were intracontinental. 

November 14 to December 31, 1764. 

d Figures for 1768 and later years are from January 5, 1768, to January 5, 1769, and so on. 



Mowat: East Florida as a British Province, 1763-1784 155 



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Mowat: East Florida as a British Province, 1763-1784 157 



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Mowat: East Florida as a British Province, 1763-1784 159 



TABLE 9 
English Imports and Exports from and to Florida, 1776-1783 a 



Year 


Imports into England 


Exports from England 


From Florida 


Total 


To Florida 


Total 


1776 

1777 

1778 

1779 

1780 

1781 

1782 

1783 


£30,628 
48,322 
48,236 
23,804 
16,486 
30,715 
30,935 
25,638 


£11,696,754 
11,841,577 
10,293,243 
10,660,492 
10,812,239 
11,918,991 
9,532,606 
12,114,644 


£174,175 

137,617 
64,165 

128,311 

54,760 

16,446 

4,707 

25,356 


£13,729,731 
12,653,363 
11,551,070 
12,693,429 
12,696,138 
10,569,186 
12,355,750 
13,851,670 



a Table based on Macpherson, III, 599, 614, 632, 651, 673,706,726, IV, 40; for 1781-83 cf. Anderson, IV, 
457, 535. Figures relate to England, not Great Britain: shillings and pence omitted. 
For imports and exports, 1763-1775, see table 1. 



II. ACTS OF THE FIRST AND SECOND ASSEMBLIES 
OF EAST FLORIDA' 

TITLE DATE OF ASSENT 

First Assembly 

1. An Act for punishing persons who may deny the force of the 

Laws of this province June 7, 1781 

2. An Act for empowering the Governor to prohibit the exporta- 
tion of provisions on certain occasions June 7, 1781 

3. An Act for the Establishment and Kegulation of the Militia of 

this province June 7, 1781 

4. An Act for empowering the Governor to call forth Negro slaves 

to labor at the King's work for the defense of this province June 30, 1781 

Second Assembly 

5. An Act for the better government and regulation of Negro and 

other Slaves in this province May 31, 1782 

6. An Act for granting the King £3,000 in support of the govern- 
ment of East Florida January 25, 1783 

7. An Act granting the King and his heirs in perpetuity a duty of 
poundage on foreign trade "for the purpose of contributing 
towards the General Eevenue of the British Empire and to be 

at the disposal of the British Parliament" January 25, 1783 

8. An Act empowering the Governor to call forth laborers to com- 
plete the fortifications of St. Augustine May 31, 1782 

9. An Act obliging retailers of wine, beer and spirituous liquors 

to take out licenses' 5 May 31, 1782 

10. An Act reviving the earlier militia act June 20, 1782 

11. An Act altering the style of the Court of Common Pleas and 
ascertaining the qualifications and method of balloting for 

jurors January 25, 1783 

12. An Act for the more speedy recovery of small debts and for 

regulating the election of constables January 25, 1783 

13. An Act for the relief of indigent debtors in jail January 25, 1783 

14. An Act fixing the fees of public officials January 25, 1783 

15. An Act for the more effectual settlement of the province and 

for making it an asylum for loyalists January 25, 1783 

16. An Act for regulating and encouraging pilots and pilotage January 25, 1783 

17. An Act to compel the Provost Marshal to give security for the 

faithful discharge of his duty January 25, 1783 

18. An Act regulating the police and the market and for settling 

the assize of bread in St. Augustine January 25, 1783 

a The text of the first seven acts makes up CO. 5/624, Acts of East Florida. Acts 
8 to 23 are to be found in their titles only in a schedule sent by Tonyn to the Com- 
mittee of the Privy Council for Trade and Plantations (taking over the work of the 
discontinued Board of Trade), January 25, 1783, CO. 5/547, pp. 43-45. Acts 24 and 
25 were mentioned in Tonyn to North, November 1, 1783, CO. 5/560, p. 743. 

b For the terms of the licensing act, see East-Florida Gazette, March 1, 1783, repro- 
duced in Siebert, Loyalists, I, opp. p. 134. 

[160] 



Mowat: East Florida as a British Province, 1763-1784 161 

19. An Act prohibiting the purchase of land from the Indians by 
private persons, and prohibiting trading -with the Indians with- 
out license January 25, 1783 

20. An Act for the building or hiring of a workhouse for the cus- 
tody and punishment of Negroes January 25, 1783 

21. An Act to prevent masters of vessels from carrying debtors 

from the province January 25, 1783 

22. An Act for the purchase of a piece of land for a powder maga- 
zine January 25, 1783 

23. An Ordinance appointing Grey Elliott, Esquire, Agent to solicit 

the affairs of the province in Great Britain .January 25, 1783 

24. A temporary Act for the better government of the militia October 4, 1783 

25. A temporary Act for the more speedy settlement and adjust- 
ment of debts and disputes October 4, 1783 

Grey Elliott was Clerk of Eeports in the Board of Trade. 



III. OFFICIALS IN EAST FLORIDA 

Governor 

James Grant. Commission dated November 21, 1763 ; sworn in at St. Augustine, 
October 31, 1764; departed with leave of absence, May 9, 1771; resigned, April 
22, 1773. 

Patrick Tonyn. Commission dated July 22, 1773; sworn in at St. Augustine, 
March 9, 1774. 
Lieutenant Governor 

John Moultrie. Appointed, 1771. 
Chief Justice 

James Moultrie. Appointed, October 31, 1764; died, August 6, 1765. 

William Grover. Formerly Chief Justice of Georgia (suspended in 1762) ; ap- 
pointed, 1766, died in New Providence, November 9, 1766, after being ship- 
wrecked on the Florida coast on his way to the province. 

William Drayton. Appointed by Grant on Moultrie's death; given mandamus 
dated February 10, 1767, on Grover's death; commissioned, February 1, 1768; 
suspended, February 13, 1776; reinstated, June, 1776; suspended, December 16, 
1777; resigned, June, 1778. 

Eev. John Forbes. Acting Chief Justice in Drayton's absences, 1776, 1777-1779. 

James Hume. 1779-1785. 
Attorney General 

James Box. Appointed, October 31, 1764; died, 1770. 

William Owen. (Lawyer from Dublin.) Given temporary appointment, 1770. 

Arthur Gordon. Mandamus, May 4, 1771; sworn in, December 14, 1771; died, 
December 30, 1778. 

Henry Yonge. 1779 . 

Secretary and Cleric of the Council 

John Dunnett. Appointed, November 17, 1764; died, June 12, 1766. 

George Eoupell. (Searcher of Customs at Charleston; subsequently Deputy Post- 
master General for the Southern District of North America, 1771-1776.) Ap- 
pointed, October 13, 1766, not confirmed. 

J. C. Eoberts. (Son of a member of Board of Trade.) Appointed, October 25, 1766; 
absentee. 

Dr. Andrew Turnbull. (Held office by an arrangement with J. C. Eoberts.) Man- 
damus, May 4, 1767, sworn in, July 15, 1768. The actual work was done by David 
Yeats as Deputy Secretary and Clerk of the Council. Turnbull was suspended 
March 30, 1776; reinstated, 1777; received salary to June, 1785. 
Crown Agent 

William Knox. 1764-1770. 

Anthony Wheelock! 1770-1772. 

Eobert Knox. 1772-1782. 

John Cowan. 1782-1786. 
Register of Grants, Patents, and Records 

William Greening. Appointed, October 31, 1764; died, October 13, 1768. 

David Yeats. Appointed, October 18, 1768 ; confirmed and sworn in again, January 
12, 1770. 

[162] 



Moivat: East Florida as a British Province, 1763-1784 163 

Surveyor General of Lands 

William Gerrard De Brahm. Commission, June 13, 1764 (commissioned Surveyor 
General of the Southern District, June 26, 1764). Suspended, October 4, 1770; 
Eeinstated, 1774; absentee thereafter. 
Frederick George Mulcaster. Acting Suveyor General, 1770-1776. 
Benjamin Lord. Acting Surveyor General, 1778; Surveyor General, 1782-1785. 
Beceiver General of the Quit Bents 

David Yeats. Appointed by Grant, 1767 ; not confirmed. 

Thomas Wooldridge. Warrant from Treasury; sworn in, January 17, 1772. 

Council 



Member 



Mandamus or 
Order in 
Council 



Took seat 



Gave up seat* 



James Moultrie, President 

John Moultrie, President 
after 1765 

John Dunnett 

James Box 

John Ainslie 

Eobert Catherwood 

John Holmes 

John Stuart, Superintend- 
ent of Indian Affairs in 
Southern District 

William Eandall, Surveyor 
General of the Customs 
in America for the 
Southern District 

Francis Kinloch 

Kev. John Forbes 

William Drayton 



Oct. 31, 1764 Aug. 6, 1765 (d) 



June 7,1771 Oct. 31,1764 

Nov. 17, 1764 

Oct. 31, 1764 

Oct. 31,1764 

June 7,1771 Oct. 31,1764 

June 7,1771 Oct. 31,1764 



Witter Cuming . 
George Eoupell. 



ex officio Oct. 7, 1765 
June 7,1771 July 10,1775 



ex officio Dee. 9, 1766 

May 20,1765 

June 7,1771 May 20,1765 
June 7,1771 Oct. 7,1765 
Dec. 15,1772 
June 7,1771 Dec. 2,1765 
Oct. 13, 1766 



Dr. Andrew Turnbull May 13, 1767 

Sir Charles Burdett, Bt. .. . June 7,1771 

Francis Levett, Sr Dec. 10, 1773 

William Owen July 31, 1772 

Frederick George Mulcaster July 31,1772 

Arthur Gordon Aug. 4, 1772 

Martin Jollie Dee. 29, 1767 

Benjamin Dodd 

Thomas Brown 

Henry Yonge 

James Hume 

Dr. Lewis Johnston 



Jan. 


15 


1767 


Aug. 


10 


1767 


Apr. 


29 


1771 


Nov. 


15 


1771 


June 21, 


1774 


July 


18 


1775 


Dec. 


21 


1775 


Apr. 


8; 


1776 


Dec, 




1778 


Jan., 




1779 


Apr.; 




1780 


Feb., 




1783 



June 12, 1766 (d) 
1770 (d) 

after Nov. 22, 1764 (a) 
Jan., 1783 (s) 



after Dee. 7, 1765 (a) 
after Feb. 21, 1776 (a) 



after Dec. 9, 1766 (a) 
1768 (d) 

Oct. 19, 1771 (r) 
Aug. 20, 1773 (s) 
Sept. 14, 1775 (d) 
not confirmed; 
after Jan. 13, 1768 (a) 
Dec, 1771 (r) 
after Aug. 14, 1771 (a) 
after Dec. 30, 1773 (a) 
after June 14, 1774 (a) 
after Feb. 21, 1776 (a) 
July 18, 1775 (s) 
Mar. 31, 1776 (r) 
Dec, 1778 (a) 



* The letters in parentheses following the date indicate the reason for giving up seat: r — re- 
signed, d = died, a = absent, s = suspended. 



164 



University of California Publications in History 



Commons House of Assembly : First Assembly, 1781 

Speaker : William Brown 

Clerk: Peter Edwards (appointed) 

Eobert Payne Eobert Scott Philip Moore 

John Eoss William Moss Peter Edwards* 

Stephen Egan William McLeod Thomas Forbes 

George Kemp Eobert Baillie John Leslie 

Francis Levett John Martin John Mowbray 

Jacobus Kip Thomas Eoss Benjamin Lord 

Positions Created by the Assembly, 1783 

Treasurer : Eev. John Forbes. 

Solicitor General : Eobert Johnston. 

Deputy Provost-Marshal General : John Martin. 
Deputy Cleric of the Council 

David Yeats. Appointed, October 31, 1764. 
Messenger of the Council 

Joseph Chetwood. Appointed, August 20, 1765. 

John Haley. Appointed, September 7, 1772. 
Clerh of the Public Accounts 

Alexander Skinner. Appointed, November 17, 1764; died March, 1779. 

Peter Edwards. 1779 . 

Keeper of Indian Presents 

Alexander Skinner. 1764-1779. 

Philip Moore. 1779 . 

Deputy Postmaster 

John Haley. 

Court Officials 
Assistant Judges 

Henry Cunningham. Appointed, June 10, 1766 ; died February 24, 1771. 

Martin Jollie. Appointed, December 20, 1768; absent, 1771-1775; resigned, 
March 31, 1776. 

Francis Levett, Sr. Appointed, March 4, 1771; absent after December, 1773. 

Eev. John Forbes. Appointed, December 15, 1772. 

Eobert Catherwood. Appointed, June 20, 1776; suspended, January, 1783. 

Dr. Lewis Johnston. 1783. 
Cleric of the Crown 

Spencer Man. Appointed, June 20, 1765 ; superseded by, and later replaced, Collins. 

Dr. Andrew Turnbull. Appointed, August 21, 1766 (by warrant; never acted). 

William Collins. Mandamus, May 22, 1767; sworn in, October 4, 1768; suspended, 
May 6, 1772. 
Cleric of the Pleas 

Spencer Man. Appointed, June 20, 1765. 

Dr. Andrew Turnbull. Appointed, August 21, 1766 (by warrant; never acted). 

William Collins. Mandamus, May 22, 1767; sworn in, October 4, 1768, resigned, 
February 11, 1769. 

John Holmes. Appointed, February 11, 1769. 

* Did not take seat when appointed Clerk of the House : replaced by George Millar. 



Mowat: East Florida as a British Province, 1763-1784 165 

Provost Marshal 

Alexander Skinner. (Sheriff, acting as Provost Marshal.) Appointed, November 
17, 1764. 

Thomas Wooldridge. Appointed, 1767; suspended, July 24, 1772; reinstated but 
remained an absentee. 

"William Owen. Acting Provost Marshal, 1772-1774, when left for England. 

Francis Levett, Junior. Acting Provost Marshal, 1774-1775, 1778 . 

Benjamin Dodd. Mandamus, April 21, 1774; sworn in, August 19, 1775. 
Coroner 

William Greening. Appointed, June 10, 1766; died, October 13, 1768. 

John Haley. Appointed, February 11, 1769. 
Public Vendue Master 

Spencer Man. 1771 . 

Master in Chancery 

Spencer Man. Appointed, May 22, 1772. 
Examiner and Register of Court of Chancery 

David Yeats. Appointed, May 22, 1772. 
Judge of Court of Admiralty 

Eev. John Forbes. Appointed, April 30, 1771; resigned in 1776 on succeeding 
Drayton as acting Chief Justice. 

Bobert Catherwood. 1776 to suspension in January, 1783. 

William Brown. 1783 . 

Register of Court of Admiralty 

David Yeats. Appointed, April 30, 1771. 
Marshal of Court of Admiralty 

John Haley. Appointed, April 30, 1771. 
Advocate General of Court of Admiralty 

Archibald Duff. Appointed, October 30, 1774; absentee (?) 

Naval Officer 
William Greening. 1764 to death, October 13, 1768. 
Alexander Skinner. 1768 to death, March, 1779. 
Philip Moore. 1779 . 

Customs Officers 
Comptroller 

John Bichardson. 1764 . Absentee. 

Witter Cuming, 1766 to death, September 14, 1775. 

Alexander Skinner. 1775 to death, March, 1779. 

John Holmes. 1779 . 

Collector 

John Holmes. 1765-1767. (Deputy thereafter, during Burdett's absences.) 

Sir Charles Burdett, Bt. 1767 . 

Searcher 

John Holmes. 1767 . 

Officer for the Port of St. Mary's River 

Oliver Whipple. 1770 . 

James Tims. 1775 . (In Whipple's absence.) 



166 University of California Publications in History 

Clergy of the Church of England 
St. Augustine 

Eev. John Forbes. 1764-1783. 

Eev. James Seymour. 1783-1785. Eefugee from Georgia, 1782. 
"St. Marie's" 

Eev. Michael Smith. 1764-1768. Absentee. 

Eev. Eichard Farmer. 1768-1769. Absentee. 

Eev. John Eraser. 1769 to death in 1772. At New Smyrna. 

Eev. John Leadbeater, 1774-1785. Absentee after 1775. 

Eev. John Kennedy. 1777-1781 (?). Leadbeater's deputy. 

Schoolmasters 

Enoch Hawksworth. 1765-1770. 

Jones Eead. 1765-1770. 

Eev. John Kennedy. 1777 1 

Military Officials* 
Brigadier Commanding Southern District 
Col. Henry Bouquet. 1765. 
Col. William Tayler. 1765-1767. 
Brig. Gen. Frederick Haldimand. 1767-1773. 

Military Staff in St. Augustine 
Chaplain 

Eev. Ealph Church. 1764 . Absentee. 

Surgeon 

Eobert Catherwood. 1764 . 

Fort Adjutant and Barrack Master 

Nicholas Power. 1764 to death in 1768. 

Thomas Wooldridge. 1769-1772. 

Caleb Jo Garbrand. Acting for Wooldridge in 1770 and 1772-1773. 

Charles Shirreff. 1775 . Held office by arrangement with Wooldridge. 

Commissary General of Stores and Provisions 

Eobert Moore. (Deputy Commissary, 1763-1764.) 

Thomas Sherdley. 1764 . Acted by deputy. 

James Sherdley. (Deputy) 1764-1765. 

Henry Cunningham. (Deputy) 1766-1771. 
Civil Branch of the Ordnance 

Storekeeper and Paymaster: John Kenward (to death on April 8, 1776). 
Thomas W. Burly Hall. 

Clerk of the Survey and Cheque : William Penn. 

Barrack Master : Henry Skynner. 

Surgeon : Eichard Pritchard. 

Extra Clerk : Thomas W. Burly Hall. 
Engineers 

James Moncrief. 1763 . 

F. G. Mulcaster. 1768 . 



* For commanding officers in East Florida to 1775 see list in Mowat, F.H.Q., 
XVIII, 54; for those after 1775, see above, pp. 108-109. 



NOTES 



ABBREVIATIONS 

A.P.C. Col Acts of the Privy Council of England: Colonial Series (London, 

1911,1912) 
Amer. MSS Great Britain, Historical Manuscripts Commission, Beport on 

American Manuscripts in the Royal Institution of Great Britain 

(London, 1904; Dublin, 1906; Hereford, 1907, 1909) 
CO. [5/540, etc.] . .Great Britain, Colonial Office Papers [class 5, vol. 540, etc.], 

Public Becord Office, London 
Dartmouth MSS . .Great Britain, Historical Manuscripts Commission, Manuscripts 

of the Earl of Dartmouth (London, 1895) 

D.A.B Dictionary of American Biography (New York, 1928-1936) 

D.N.B Dictionary of National Biography (London, 1885-1890) 

F.H.Q Florida Historical (Society) Quarterly 

Jour. B. of T Great Britain, Journal of the Commissioners for Trade and 

Plantations . . . preserved in the Public Record Office 
W.L.C.L William L. Clements Library, University of Michigan, Ann Arbor 



NOTES TO CHAPTER I 

An Old Debate Ended 

1 This account is based mainly on Herbert E. Bolton, ed., Arrendondo's Historical 
Proof of Spain's Title to Georgia (Berkeley, 1925), Introduction, pp. 1-110; this 
introduction was also published separately as Herbert E. Bolton and Mary Eoss, 
The Debatable Land (Berkeley, 1925). Anglo-Spanish rivalry before 1763 is also 
treated in Verner W. Crane, The Southern Frontier, 1670-1732 (Durham, N. C, 
1928) ; Lawrence H. Gipson, The British Empire before the American Revolution, 
Vol. IV, Zones of International Friction : North America, South of the Great Lakes 
Region, 1748-1754 (New York, 1939), especially chap, ii, "The Florida Frontier," 
pp. 11-48; James G. Johnson, The Colonial Southeast, 1732-1763 ; an International 
Contest for Territorial and Economic Control, University of Colorado Studies, Vol. 
XIX, no. 3 (Boulder, Colo., 1932), pp. 163-225. Diplomatic controversy is empha- 
sized in John T. Lanning, The Diplomatic History of Georgia — A Study of the Epoch 
of Jenkins' Ear (Chapel Hill, N. C, 1936). A general treatment is to be found in 
E. Merton Coulter, A Short History of Georgia (Chapel Hill, N. C, 1933). Indian 
relations and international rivalry are discussed in John P. Corry, Indian Affairs in 
Georgia, 1732-1756 (Philadelphia, 1936). The Spanish missions are described in 
John T. Lanning, The Spanish Missions of Georgia (Chapel Hill, N. C, 1935), and 
in Mark F. Boyd, "Spanish Mission Sites in Florida," F.H.Q., XVII (April, 1939), 
255-280. The influence of British missionary effort is suggested in Frank J. Kling- 
berg, "The Indian Frontier in South Carolina," Journal of Southern History, V 
(November, 1939), 479-500. Correspondence between the Board of Trade and secre- 
tary of state and the governors of Georgia and South Carolina concerning the New 
Hanover settlement and land grants south of the Altamaha is reproduced in Ameri- 
can State Papers. Class VIII. Public Lands, I (Washington: Gales and Seaton, 
1832), 51-56. A survey of the Spanish regime in St. Augustine before 1763 is given 
in Verne E. Chatelain, The Defenses of Spanish Florida 1565 to 1763 (Washington, 
1941), pp. 3-32 and passim. 

2 George L. Beer, British Colonial Policy, 1754-1765 (New York, 1907), pp. 132 
seq., especially pp. 155-159 ; Clarence W. Alvord, Mississippi Valley in British Politics 
(Cleveland, 1917), I, 49 seq.; W. L. Grant, "Canada versus Guadeloupe," American 
Historical Review, XVII (July, 1912), 735-743. 

3 Kate Hotblack, "The Peace of Paris, 1763," Boyal Historical Society, Trans- 
actions, 3d ser., II (London, 1908), 235-267; Alvord, Mississippi Valley, I, 67-73; 
[William Knox], Extra Official State Papers (London, 1789), II, 36-38. 

4 Text is in [Cobbett], Parliamentary History of England, XV (London, 1813), 
1291-1305 ; also in Adam Shortt and Arthur G. Doughty, eds., Documents Relating 
to the Constitutional History of Canada 1759-1791, Canadian Archives (2d and rev. 
ed.; Ottawa, 1918), Pt. I, pp. 113-123. 

5 Parliamentary History, XV, 1264. 

6 Horace Walpole, Memoirs of the Reign of King George the Third, G. F. Bussell 
Barker, ed., I (London, 1894), 174. 

7 Political Disquisitions Proper for public consideration in The Present State of 
Affairs in a Letter to A Noble Duke (London, 1763), p. 25. 

8 Gentleman's Magazine, XXXIII, 29, 283 seq., 367 seq., 380 (January, June, Au- 
gust, 1763). 

[169] 



170 University of California Publications in History 

9 George Nobbe, The North Briton. A Study in Political Propaganda, Columbia 
University Studies in English and Comparative Literature, No. 140 (New York, 
1939), pp. 161-168; North Briton, Vol. II, nos. 24-45 inclusive (November 13, 1762- 
April 23, 1763) (London, 1763) ; the lines quoted are from No. 41 (March 12, 1763). 

10 Reflections on the Terms of Peace (2d ed. ; London, 1763), pp. 7-9 ; cf. pp. 31-33. 

11 Reasons why Lord should be made a Public Example (London, [1762]), 

pp. 20, 34, 49. 

12 Notes following "Plan of Forts & Garrisons proposed for the Security of North 
America, and the Establishment of Commerce with the Indians" in Clarence W. 
Alvord and Clarence E. Carter, eds., The Critical Period 1763-1765, Collections of 
Illinois State Historical Library, X (Springfield, 1915), 10. 

"Dispatch from Charleston, March 30, 1763, in Georgia Gazette, April 14, 1763. 

14 Egremont, Secretary of State for the Southern Department, to the Secretary at 
War, April 18, 1763, Calendar of Home Office Papers of the Reign of George III, 
1760-1765, Joseph Eedington, ed. (London, 1878), p. 274. 

15 Keppel to Amherst, July 3, 1763, enclosing extracts of his orders to Prevost and 
Hedges, Public Record Office, Index to the Amherst Papers Which Constitute War 
Office [Class] Si (typewritten copy in W.L.C.L.). Keppel's letter is in W.O. 34, vol. 
55. For Prevost's orders see Mississippi Provincial Archives 1763-1766, English 
Dominion, Dunbar Eowland, ed. (Nashville, 1911), I, 130-131; and for the occupa- 
tion of West Florida, ibid., pp. 136-137 and passim; also Clarence E. Carter, "The 
Beginnings of British West Florida," Mississippi Valley Historical Review, IV, (De- 
cember, 1917), 314-341; and C. N. Howard, "The Military Occupation of British 
West Florida, 1763," F.H.Q., XVII (January, 1939), 181-199. For a list of the 
modern territorial names of British regiments, which in the eighteenth century were 
officially designated by numbers, see Hon. J. W. Fortescue, A History of the British 
Army, II (London, 1910), 604. 

16 Georgia Gazette, August 4, 1763 ; the South Carolina Gazette, August 6, 1763, 
states that the troops arrived on July 21 and took possession two days later. 

17 Hedges to Secretary at War, September 4, 1763, Portsmouth, Mississippi Pro- 
vincial Archives, 1763-1766, 1, 132. 

18 The letter is referred to in John Blair (President of the Council of Virginia) to 
Gage, November 4, 1763, Williamsburg, Gage Papers, W.L.C.L. For this reference 
the author is indebted to Professor Louise B. Dunbar of the University of Illinois. 

M Ogilvie to Secretary of State, August 1, 1763, St. Augustine, CO. 5/548, p. 13. 
Cf. Scots Magazine, XXV (October, 1763), 575; Georgia Gazette, August 25, 1763. 

20 Amherst to Gage, November 17, 1763, New York, Clarence E. Carter, ed., Corre- 
spondence of General Thomas Gage . . . 1763-1775 (New Haven, 1931, 1933), II, 213. 

21 "Report of the State of East and West Florida," enclosed in Eobertson to Gage, 
March 8, 1764, New York, and transmitted by Gage to Halifax, March 10, 1764, in 
CO. 5/83, pp. 137 seq.; Eobertson to Amherst, September 26, 1763, St. Augustine, 
Amherst Papers, W.L.C.L., Vol. I. 

22 Melchior Feliu to Count de Eicla, August 25, 1763, St. Augustine, Arehivo Gen- 
eral de Indias, Santa Domingo (cited hereafter as A.G.I., S.D.), 86-7-11, Doc. 11. 
The author is indebted to the St. Augustine Historical Society for the use of copies, 
in translation, of these documents relating to the Spanish evacuation of St. Augustine 
in 1763-1764, presented to the society by Professor Wilbur H. Siebert. 

23 Eicla to Feliu, July 8, 1763, and Cotilla's instructions, A.G.I., S.D., 86-7-11, Doc. 
3 ; Eobertson's "Eeport," CO. 5/83, pp. 137 seq. 



Mowat: East Florida as a British Province, 1763-1784 171 

2i Ogilvie to Board of Trade, January 26, 1764, St. Augustine, CO. 5/540, p. 135. 
Of. Soots Magazine, XXVI (May, 1764), 282. 

25 Feliu to Eicla, February 5, 1764, Havana, A.G.I., S.D., 86-7-11, Doe. 21, enclosure. 

26 Marquis de la Torre to Julian de Arriaga, May 18, 1772, Havana, and enclosures, 
A.G.I., S.D., 86-7-11, Doc. 24, and other documents in the same collection. Fish's 
account book (Library of Congress, Division of Manuscripts) shows the original 
owners and the purchasers of several lots. Cf. Wilbur H. Siebert, Loyalists in East 
Florida 1774 to 1785 (DeLand, Florida, 1929), Vol. II, p. 277 n. 173, and p. 365; 
Michael J. Curley, Church and State in the Spanish Floridas (1783-1822) (Washing- 
ton, 1940), pp. 21-22. 

27 Robertson's "Report," CO. 5/83, pp. 137 seq.; cf. Wilbur H. Siebert's account, 
based on Spanish documents, "The Departure of the Spaniards and Other Groups 
from Bast Florida, 1763-1764," F.H.Q., XIX (October, 1940), 145-154. 

28 Certificate of Major Ogilvie, December 1, 1763, enclosed in Grant to Hillsborough, 
September 9, 1768, CO. 5/549, p. 317. Apparently Ogilvie issued no manifesto con- 
cerning law, land titles, etc., as did Major Farmar, in command at Mobile in 1763; 
see Howard in F.H.Q., XVII, 195-197. 

29 Amherst to Commanding Officer of Whitmore's and Otway's Begiments in Florida, 
August 23, 1763, New York, Amherst Papers, W.L.C.L., Vol. I. 

30 Ogilvie to Board of Trade, January 26, 1764, St. Augustine, CO. 5/540, p. 135. 

31 Ogilvie to Gage, June 7, 1765, St. Augustine, Gage Papers, W.L.C.L. For Ogilvie's 
request for a special allowance for his expenses as military commander see Carter, 
Gage Correspondence, II, 256, 282, 314, 359, and the letters exchanged between him 
and Gage in Gage Papers, W.L.C.L. 

32 Zespedes to Tonyn, October 11, 1784, St. Augustine, enclosed in Tonyn to 
Sydney, December 6, 1784, CO. 5/561, p. 242; Bernard Romans, A Concise Natural 
History of East and West Florida (New York, 1775), p. 223; James Grant Forbes, 
Sketches, Historical and Topographical, of The Floridas; more particularly of East 
Florida (New York, 1821), p. 18. 

33 The documents in the Gage Papers, W.L.C.L., relating to the occupation and 
subsequent history of Apalache under the British have been published by Mark F. 
Boyd, ed., "From a Remote Frontier: Letters and Documents Pertaining to San 
Marcos de Apalache, 1763-1769, During the British Occupation of Florida," F.H.Q., 
XIX (January, 1941), 179-212, and subsequent issues. 

34 For the correspondence between the secretary of state for the Southern Depart- 
ment and the Board of Trade, and the recommendations of the Board of Trade prior 
to the issuing of the Proclamation of 1763, see Shortt and Doughty, I, 127-163. 

35 Verner W. Crane, ed., "Hints Relative to the Division and Government of the 
Conquered and Newly Acquired Countries in America," Mississippi Valley Historical 
Review, VIII (March, 1922), 367-373. The paper is to be found in CO. 5/323, p. 16, 
and in Shelburne Papers, W.L.C.L., Vol. XL VIII. 

36 "Hints respecting the Settlement of Florida," Knox MSS, W.L.C.L., IX, 3 ; Shel- 
burne Papers, W.L.C.L., XL VIII, 51 seq.; "Hints Respecting the Settlement & 
Culture of East Florida," Knox MSS, W.L.C.L., IX, 2. Cf. Historical Manuscripts 
Commission, Report on Manuscripts in Various Collections, VI (Dublin, 1909), 292. 
For Knox's career, see D.N.B. 

37 R. A. Humphreys, "Lord Shelburne and the Proclamation of 1763," English His- 
torical Review, XLIX (April, 1934), 241-264. Part of this article reproduces "Mr. 
Pownall's Sketch of a Report concerning the Cessions in Africa and America at the 



172 University of California Publications in History 

Peace of 1763" (Shelburne Papers, W.L.C.L., XLIX, 333-364). Shelburne's influ- 
ence is emphasized in Alvord, Mississippi Valley, I, 167-176; and in Lord Fitz- 
maurice, Life of William Earl of Shelburne (2d and rev. ed. ; London, 1912), I, 178 
seq. 

38 Eeport of Board of Trade to Egremont, June 8, 1763, Shortt and Doughty, I, 
132-147. 

39 Memorial of James Grant to Halifax, n.d., endorsed "copy sent to Board of Trade 
19 September 1763," CO. 5/548, pp. 25, 26; Shortt and Doughty, I, 156; Lawrence 
S. Mayo, The St. Mary's River, A Boundary (privately printed, 1914), passim. 

40 The text of the proclamation is in Shortt and Doughty, 1, 163-168. 

41 Scots Magazine, XXV (July, 1763), 416. 

42 James Grant of Ballindalloch (1720-1806) is in D.N.B., which, however, gives 
only brief details of his work in Florida and of his career before 1763. The article 
denies that he was present at the siege of Havana, but his presence there is established 
in a sketch of his life written by a member of the Grant family : Alastair Macpherson 
Grant, General James Grant of Ballindalloch, 1720-1806 (published privately by the 
author at 76 Cadogan Place, London, S.W. [1930] ), passim; also in Philip C. Tucker, 
"Notes on the Life of James Grant prior and subsequent to his governorship of East 
Florida," F.H.Q., VIII (October, 1929), 112-119. Both these works are based on 
letters in the Grant family correspondence, some in the British Museum and some 
at Ballindalloch. The author is indebted to the St. Augustine Historical Society for 
the use of its copy of Alastair Grant's book. The episode near Fort Duquesne is men- 
tioned in Francis Parkman, Montcalm and Wolfe (reprint of 1917; Boston), I, 157- 
161; Fortescue, II, 339; Scots Magazine, XX (1758), 548, 659-660. The Cherokee 
war is described in B. E. Carroll, Historical Collections of South Carolina (New York, 
1836), I, 442 seq.; Charles C. Jones, History of Georgia (Boston, 1883), II, 2 seq.; 
Edward McCrady, History of South Carolina under the Royal Government 1719-1776 
(New York, 1899), pp. 350-352; Scots Magazine, XXIII (1761), 377-378, 429-432. 
Grant's own account is "Journal of Lieutenant-Colonel James Grant, Commanding 
an Expedition against the Cherokee Indians," F.H.Q., XII (July, 1933), 25-36. For 
Grant's friendship with Laurens and the resulting attack on Laurens' house at the 
time of the Stamp Act disturbances, see David D. Wallace, The Life of Henry Laurens 
(New York, 1915), pp. 101-102, 104-105, 116-117. Grant is not, but perhaps ought 
to be, in D.A.B. Alastair Grant states (op. cit., p. 108) that there is a portrait of 
him at Ballindalloch and that the engraving of him sold in print shops is a caricature. 



NOTES TO CHAPTER II 

Government in an Infant Colony 

1 The firing of a salute on Grant's arrival is mentioned in an item in East Florida 
Accounts, 1763-1766 (manuscript volume of ordnance accounts, in Library of Con- 
gress) ; for the normal welcome of a new governor, see Leonard W. Labaree, Boyal 
Government in America (New Haven, 1930), pp. 85-91. 

2 Leonard W. Labaree, ed., Boyal Instructions to British Colonial Governors 1670- 
1776 (2 vols., paged continuously; New York, 1935), 1, 17-19. 

3 Grant to Board of Trade, September 2, 1764, St. Augustine, CO. 5/540, p. 159. 

4 Council Minutes, October 31, 1764, CO. 5/570, p. 1. 

5 Ibid. List enclosed in Grant to Board of Trade, November 22, 1764, St. Augustine, 
CO. 5/540, p. 281. 

D.A.B., s.v. "John Moultrie"; Eleanor Winthrop Townsend, "John Moultrie, 
Junior, M.D., 1729-1798: Eoyal Lieutenant-Governor of East Florida," Annals of 
Medical History, 3d ser., II (March, 1940), 98-109. This article contains information 
on the Moultrie family, Moultrie's father and his own children and descendants, and 
on his medical career, which seems to have ceased when he entered public life ; the title 
page of his thesis is reproduced. 

7 James Grant Forbes, Sketches of the Floridas (New York, 1821), pp. 21-22. 

8 Grant to Board of Trade, November 22, 1764, St. Augustine, CO. 5/540, p. 229. 

9 Grant to Shelburne, January 17, 1767, St. Augustine, CO. 5/548, p. 271; Gazette 
of the State of Georgia, September 29, 1785. 

10 Scots Magazine, XXVI (March, 1764), 168; Gentleman's Magazine, XXXIV 
(April, 1764), 199. 

11 Council Minutes, October 31, 1764, CO. 5/570, pp. 1-2. 

12 Council Minutes, November 1, 3, and 17, 1764, ibid., pp. 2-17. Copies of the 
various commissions, sent by Grant to the Board of Trade, are in CO. 5/540, pp. 
257, 265-269, 277. For the governor's instructions relating to the administration of 
justice, see Labaree, Boyal Instructions, I, 288, 294, 297, 325-327, 329, 330, 367. For 
a discussion of colonial courts in general see Labaree, Boyal Government in America, 
pp. 373 seq., especially pp. 388-395; Winfred T. Boot, "The Belations of Pennsyl- 
vania with the British Government, 1696-1765 (Philadelphia, 1912), pp. 174-179; A. 
Berriedale Keith, Constitutional History of the First British Empire (Oxford, 1930), 
pp. 255 seq.; George L. Beer, British Colonial Policy (New York, 1907), pp. 188-192. 

13 Council Minutes, October 13, 1768, May 22, 1772, CO. 5/570, pp. 99-101, CO. 
5/571, p. 77. 

u Council Minutes, April 30, 1771, October 3, 1774, CO. 5/571, pp. 58-60, 116. For 
the vice-admiralty courts generally see Charles M. Andrews, The Colonial Period of 
American History, IV (New Haven, 1938) , 222 seq.; Keith, pp. 77-80, 261-265 ; Beer, 
pp. 249-251 ; Boot, pp. 95-96, 106-107, 124-125. 

15 Council Minutes, June 20, 1765, CO. 5/570, pp. 19-21. 

18 Moultrie to Hillsborough, May 12, 1771, CO. 5/552, p. 77. 

17 Hillsborough to Grant, July 31, 1770, CO. 5/551, pp. 35-36. 

18 Grant to Hillsborough, October 19, 1770, ibid., pp. 181-182. 

19 Grant to Hillsborough, March 20, 1771, CO. 5/552, p. 69. 

20 Grant to Dartmouth, April 22, 1773, London, CO. 5/553, p. 37; D.N.B.; Philip 
C. Tucker, "Notes on Life of James Grant," F.H.Q., VIII (October, 1929), 112-119. 

[173] 



174 University of California Publications in History 

21 Council Minutes, May 10, 1771, CO. 5/571, p. 62. 

22 Hillsborough to Grant, February 11, 1771, CO. 5/552, p. 5. 

23 Council Minutes, August 14, 1771, CO. 5/571, pp. 65-66. 

24 For a fuller account of life in St. Augustine before the Eevolution, together with 
references to the sources, see Charles L. Mowat, "St. Augustine under the British 
Flag, 1763-1775," F.H.Q., XX (October, 1941), 131-150. Much information about 
the town and its defenses is given, and some valuable plans, including some from the 
British period, are reproduced in Verne E. Chatelain, Defenses of Spanish Florida 
(Washington, 1941) ; John Bartram, Diary of a Journey through the Carolinas, 
Georgia, and Florida from July 1, 1765, to April 10, 1766, Francis Harper, ed., Trans- 
actions of the American Philosophical Society, Vol. XXXIII, Pt. I (Philadelphia, 
1942), contains a good contemporary account of St. Augustine and its Spanish build- 
ings, Anastasia Island, and the surrounding country (pp. 50-53, 78), and reproduces 
two plans of the town and a view of the Governor's house (pis. XVII, XVIII). For 
John Bartram, see above, p. 50. 

25 Among the many accounts of British colonial government in the eighteenth 
century the following may be mentioned: Charles M. Andrews, "The Government 
of the Empire, 1660-1763," Cambridge History of the British Empire, Vol. I (Cam- 
bridge, 1929), chap, xiv, pp. 405-436; idem, Colonial Period, Vol. IV passim; Keith, 
pp. 267 seq.; Herbert L. Osgood, The American Colonies in the Eighteenth Century 
(New York, 1924), I, 3-41; Lawrence H. Gipson, The British Empire before the 
American Eevolution (Caldwell, Idaho, 1936), Vols. I-III passim.; Charles M. 
Andrews, Guide to Materials for American History, to 1783, in the Public Record 
Office of Great Britain (Washington, 1912-1914), I, 18-22, 92-100; Oliver M. Dick- 
erson, American Colonial Government, 1696-17 65 (Cleveland, 1912), passim. Two good 
accounts of government in particular colonies are Boot, op. cit., and W. Boy Smith, 
South Carolina as a Royal Province, 1719-1776 (New York, 1903). Grant's instruc- 
tions can be found in Labaree, Royal Instructions, passim; his commission is in 
CO. 5/563, pp. 6-29. Tonyn's commission is reproduced in Labaree, Royal Instruc- 
tions, II, 825-835. For the governor's position in general see Labaree, Royal Gov- 
ernment, pp. 92 seq.; Evarts B. Greene, The Provincial Governor in the English 
Colonies of North America (New York, 1898), passim.; and Louise B. Dunbar, "The 
Boyal Governors in the Middle and Southern Colonies on the Eve of the Eevolution : 
a Study in Imperial Personnel" in Bichard B. Morris, ed., The Era of the American 
Revolution: Studies Inscribed to Evarts Boutell Greene (New York, 1939), pp. 
214-268. 

26 William Smith, "The Colonial Post Office," American Historical Review, XXI 
(January, 1916), 258-275; idem, The History of the Post Office in British North 
America 1639-1870 (Cambridge, 1920), pp. 35-36; Wesley E. Bich, History of the 
United States Post Office to the Year 1829 (Cambridge, Mass., 1924), pp. 36-40; 
Grant to Board of Trade, May 8, 1765, CO. 5/540, p. 393; Grant to Conway, January 
26, 1766, CO. 5/548, pp. 146-147. 

27 A.P.C. Col., IV, 573-574. 

28 Labaree, Royal Instructions, I, 443-446, 452 ; Labaree, Royal Government, pp. 
25-27, 71-72; A.P.C. Col., IV, 574. The commissions of Grant and Tonyn as vice- 
admirals have not been found by the author: but Johnstone's commission as vice- 
admiral in West Florida is extant; Cecil Johnson, British West Florida, 1763-1783 
(New Haven, 1943), p. 229. 

29 Memorial of Grant to Treasury, n.d., endorsed on July 19, 1765, "Prepare a W 



Mowat: East Florida as a British Province, 1763-1784 175 

[Warrant] for this sum . . ." Treasury 1/442, f ol. 233 ; cf . Grant to Gage, January 
13, 1766, Gage Papers, W.L.C.L. 

30 See above, chaps, iii, vi. 

31 See above, chap. iv. 

32 Moultrie to Hillsborough, July 24, 1772, CO. 5/552, pp. 369-371; Council Min- 
utes, July 24, 1772, Audit Office 16/43, p. 193 ; Dartmouth to Moultrie, November 4, 
1772, CO. 5/552, p. 373; Tonyn to Dartmouth, May 19, 1774, CO. 5/554, pp. 68-69; 
Jour. B. of T., 1776-1782, pp. 247-248, 250; John Cowan's Declared Account, 1781- 
1787, Audit Office 1, bundle 1261, roll 151. There are also various references to Wool- 
dridge in Dartmouth MSS, Vol. II ; see Index. 

33 Grant to Hillsborough, May 15, 1769, St. Augustine, CO. 5/550, pp. 101-102 ; 
March 27, 1770, CO. 5/551, p. 42; Bernard Eomans, Concise History (New York, 
1775), pp. 185-186; idem, "An Attempt Towards a Short Description of West 
Florida," in Philip Lee Phillips, Notes on the Life and WorTcs of Bernard Eomans, 
Publications of Florida State Historical Society, No. 2 (DeLand, Florida, 1924), 
Appendix, pp. 124-125 ; Forbes, pp. 117-118. 

^Shelburne to Grant, December 11, 1766, CO. 5/548, pp. 241-242; Hillsborough 
to Grant, August 4, 1769, and June 12, 1770, CO. 5/550, p. 109, CO. 5/551, p. 45; 
Clarence E. Carter, Gage Correspondence (New Haven, 1931-1933), I, 192, 214, 236, 
262, II, 117; South Carolina and American General Gazette, March 13, 1767, Novem- 
ber 11, 1768. 

35 John C Parish, "John Stuart and the Cartography of the Southern Indian 
Boundary," in The Persistence of the Westward Movement and Other Essays (Berke- 
ley and Los Angeles, 1943), pp. 131-146. 

36 Helen L. Shaw, British Administration of the Southern Indians, 1756-1783 (Lan- 
caster, Pennsylvania, 1931), pp. 1-20 ; Clarence W. Alvord, Mississippi Valley (Cleve- 
land, 1917), I, 115 seq.; authorities cited sup. p. 169, n. 1, especially Gipson, Zones of 
International Friction, pp. 49-122 passim. The Indians in Florida are described in 
Eomans, pp. 59 seq.; Adair's History of the American Indians, Samuel C Williams, 
ed. (Johnson City, Tenn., 1930), pp. vii-xxx, 273-301; John E. Swanton, Early 
History of the CreeTc Indians and Their Neighbors, Smithsonian Institution; Bureau 
of American Ethnology, Bulletin 73 (Washington, 1922), passim. The Seminoles were 
an offshoot of the Creek nation and began to be known by the separate name about 
1775. 

37 Shaw, passim; Shortt and Doughty, Documents relating to the Constitutional 
History of Canada (Ottawa, 1918), II, 614-620; Clarence E. Carter, "British Policy 
towards the American Indians in the South, 1763-8," English Historical Review 
XXXIII (January, 1918), 37-56; Alvord, Mississippi Valley, I, 289, 309; Clarence 
E. Carter, "The Beginnings of British West Florida," Mississippi Valley Historical 
Review, IV (December, 1917), 314-341; Beer, pp. 252 seq.; Carter, Gage Corre- 
spondence, II, 61-66 and n. 27, passim. For the comments of Grant and Stuart on the 
plan of 1764, see C E. Carter, ed., "Observations of Superintendent John Stuart and 
Governor James Grant of East Florida on the Proposed Plan of 1764 for the Future 
Management of Indian Affairs," American Historical Review, XX (July, 1915), 
815-831. 

38 Grant to Shelburne, April 19, 1767, CO. 5/548, pp. 325-327. Cf . Grant to Shel- 
burne, December 10, 1767, CO. 5/549, p. 22 ; Grant's speech to the Congress of No- 
vember 21, 1767, ibid., pp. 29-30; Grant to Conway, August 21, 1766, CO. 5/548, 
pp. 209-211; Grant to Board of Trade, August 30, 1766, and enclosure CO. 5/541, 



176 University of California Publications in History 

pp. 121-133 (the enclosure is a lengthy report, "State of Indian Affairs in the South- 
ern Provinces of America from 1758 to 1766"). 

39 John Bartram, Diary, pp. 35, 51; Council Minutes, October 22, 1765, CO. 5/570, 
p. 33. 

40 The congress was held on November 15-18, 1765 : it was reported in Grant and 
Stuart to [Halifax?], December 9, 1766, St. Augustine, Mississippi Provincial 
Archives, 1763-1766, I, 174-176; Grant to Board of Trade, December 9, 1765, CO. 
5/540, pp. 301-303, 309-310; Grant to Halifax, December 9, 1765, enclosing the 
journal of the congress and the treaty, CO. 5/548, pp. 113-144; Grant to Gage, 
January 13, 1766, Gage Papers, W.L.CL. Cf. Carter in English Historical Beview, 
XXXIII, 52. 

41 Text of the treaty, CO. 5/548, pp. 139-143 ; cf . Documents relative to the Col- 
onial History of the State of New Yorh, E. B. O'Callaghan, ed., VIII (Albany, 
1857), 161. 

42 The ceded area is shown clearly on De Brahm's "Map of the General Surveys of 
East Florida performed from 1766 to 1770" in Crown Collection of Photographs of 
American Maps, Archer B. Hulbert, ed. (Cleveland, and Harrow, England, 1908- 
1916), 1st ser., Vol. V, pi. 49. 

48 Grant to Hillsborough, May 15, 1769, enclosing Grant to Stuart, February 1, 
1769, CO. 5/550, pp. 102, 105-106 ; Hillsborough to Grant, August 4, 1769, ibid., p. 
109 ; Carter in English Historical Review, XXXIII, 52-53. 

44 Grant to Board of Trade, December 9, 1765, and January 13, 1766, CO. 5/540, 
pp. 301-303, 489-490. 

45 Grant to Shelburne, December 10, 1767, CO. 5/549, pp. 21-23, enclosing Account 
of the Congress, pp. 25-33 ; Hillsborough to Grant, February 20, 1768, ibid., pp. 37-38. 

46 Grant to Gage, August 27, 1767, Tayler to Gage, November 28, 1767, Gage to 
Tayler, December 29, 1767, in Gage Papers, W.L.CL. ; Grant to Shelburne, October 
31, 1767, CO. 5/549, pp. 13-15 ; Carter, Gage Correspondence, 1, 151 ; Georgia Gazette, 
September 30 and October 7, 1767; Grant to Hillsborough, June 20, 1768, CO. 
5/549, pp. 105-106. 

4T Grant to Hillsborough, December 22, 1768, and January 14, 1769, CO. 5/550, 
pp. 16-18, 55. 

48 Grant to Hillsborough, March 4, 1768, ibid., p. 85. 

49 Council Minutes, February 2, 13, 14, 15, 1775, CO. 5/571, pp. 95, 97-99, 100-101. 

50 Tonyn to Dartmouth, March 27, 1774, CO. 5/554, pp. 35-37. 

51 A.P.C. Col., IV, 610; Grant to Board of Trade, December 9, 1765, January 13, 
1766, CO. 5/540, pp. 301-303, 489; Pownall to Kiox, April 21, 1766, CO. 5/563, p. 
193; Eeport of the late Crown Agent (n.d., unsigned), read in Board of Trade, Janu- 
ary 17, 1771, CO. 5/554, p. 377. For the policy of distributing presents, see Shaw, 
pp. 25-26. 

62 See the various Indian Accounts scattered through CO. 5/541, CO. 5/548, etc. 

53 South Carolina and American General Gazette, February 10, 1775. 

54 For a general discussion of Indian trade in the South at this time, see Lewis C 
Gray, History of Agriculture in the Southern United States to 1860 (Washington, 
1933), I, 129-138. 

55 Bolle's Petition (see above, p. 71 and Bibliography) ; letter from Grant to 
Bolle, June 15, 1765, ibid., Appendix, pp. 34-35; also text, pp. 46, 48, and Appendix, 
p. 15 and passim. 

58 William Bartram, Travels through North and South Carolina, Georgia, East and 



Mowat: East Florida as a British Province, 1763-1784 111 

West Florida, the Cherokee Country (Philadelphia, 1791; London reprint, 1792), 
pp. 94-95, 109-110, 168 seq., 212, 255-258; Wilbur H. Siebert, Loyalists (DeLand, 
Florida, 1929), I, 9-12. "A Plan of Part of the Coast of East Florida including S 4 . 
John's Eiver from an actual Survey by W m Gerard de Brahm Esq r . . . done by John 
Lewis and Samuel Lewis," 1769 (Brit. Mus., Crown Collection, Vol. CXXII, p. 81, 
Library of Congress photostat) shows "Spalding's lower Trading Houses," "Spald- 
ing's middle Trading House" a little way above Bolle's settlement, and "Spalding's 
upper Trading House." 

57 Marie T. Greenslade, "William Panton," F.H.Q., XIV (October, 1935), 107- 
129; Lawrence Kinnaird, "The Significance of William Augustus Bowles' Seizure 
of Panton's Apalachee store in 1792," F.H.Q., IX (January, 1931), 156-192; D.A.B., 
s.v. "William Panton." 

58 C. W. Alvord and C. E. Carter, Critical Period (Springfield, 111., 1915), pp. 5-11; 
Alvord, Mississippi Valley, 1, 132, 128 seq. 

69 Information on the military establishment in North America in the 1760's has 
to be gleaned from Carter, Gage Correspondence ; the Gage Papers in W.L.C.L.; 
Stanley M. Pargellis, Lord Loudoun in America (New Haven, 1933), especially chap, 
xi; Edward E. Curtis, The Organization of the British Army in the American Bevo- 
lution (New Haven, 1926) ; and Hon. J. W. Forteseue, History of the British Army, 
Vols. II and III (London, 1910, 1911). Information on military affairs and troop dis- 
positions in East Florida comes principally from the Gage Papers; see Charles L. 
Mowat, "Material Eelating to British East Florida in the Gage Papers and other 
Manuscript Collections in the William L. Clements Library," F.H.Q., XVIII (July, 
1939), 46-60. There is some material in Haldimand's papers in the British Museum 
(transcripts in the Library of Congress and the Public Archives of Canada at Ot- 
tawa) ; see Beports on Canadian Archives by Douglas Brynmer, Archivist, for 1884, 
1885, 1886 (calendars of the Haldimand Papers). 

60 Bobertson's "Beport," CO. 5/83, pp. 137 seq.; references in Gage Papers and 
governor's correspondence with the secretary of state. The fort and fortifications at 
St. Augustine, and Fort Picolata, are described in John Bartram, Diary (pp. 35, 
52-53). Plans of the posts are in Crown Collection, 3d ser., Vol. II; also in Chatelain, 
op. cit., and in John Bartram, Diary (pis. XVIII, XX). 

61 See the letters in the Gage Papers printed by Mark F. Boyd, "From a Bemote 
Frontier," F.E.Q., XIX (January, 1941), 179-212, etc.; also idem, "The Fortifica- 
tions at San Marcos de Apalache (St. Mark's, Wakulla Co., Florida)," F.H.Q., XV 
(July, 1936), 4-13, 34; idem, ed., "Apalachee during the British Occupation. A 
description contained in a series of four reports by Lieut. Pittman, E.E.," F.E.Q., 
XII (January, 1934), 114-122. 

62 The fluctuations in British imperial policy, both general and military, occupy 
much of Alvord, Mississippi Valley, and Carter, Gage Correspondence; see also B. A. 
Humphreys, "Lord Shelburne and British Colonial Policy, 1766-1768," English 
Eistorical Beview, L (April, 1935), 257-277. Many of the documents are in C. W. 
Alvord and C. E. Carter, The New Begime 1765-1767 and Trade and Politics 1767- 
1769, Collections of Illinois State Historical Library, Vols. XI and XVI (Spring- 
field, 1916, 1921). 

63 Movement of troops can be pieced together from letters in the Gage Papers and 
Carter, Gage Correspondence ; see Index s.v. "East Florida," "St. Augustine," etc. 
Cf . Johnson, British West Florida, pp. 65-68. 

64 Carter, Gage Correspondence, Index s.v. "Quartering," also I, 273-274, II, 111- 



178 University of California Publications in History 

112, 129-130; Clarence E. Carter, "The Office of Commander in Chief: A Phase of 
Imperial Unity on the Eve of the Revolution," in Morris, Era of the American Revo- 
lution, pp. 170-213; John B. Brebner, New England's Outpost: Acadia before the 
Conquest of Canada (New York, 1927), pp. 83-85 ; Alfred L. Burt, The Old Province 
of Quebec (Minneapolis, 1933), pp. 102 seq., especially pp. 114-119; S. Morley Scott, 
"Civil and Military Authority in Canada, 1764-1766," Canadian Historical Review, 
IX (June, 1928), 117-136. 

65 Carter, Gage Correspondence, Vols. I, II passim; Mississippi Provincial Archives 
1763-1766, I, 158, 162, 172, 297, 342 seq., 384, 388, 392 seq., 405 seq.; and especially 
Clinton N. Howard, "Governor Johnstone in West Florida," F.H.Q., XVII (April, 
1939), 281-303; Carter, "Beginnings of British West Florida," Mississippi Valley 
Historical Review, IV, 330-335. 

66 Ogilvie to Gage, September 2, 1764, Gage Papers, W.L.C.L. 

67 Eolle's Petition, pp. 29-30. 

68 Gage to Grant, September 29, 1764; Gage to Ogilvie, September 29, 1764, Gage 
Papers, W.L.C.L.; for Wilmot's position, see Carter, Gage Correspondence, I, 65, 
II, 15. 

69 Grant to Gage, December 1, 1764, Gage Papers, W.L.C.L. 

70 Grant to Halifax, December 6, 1764, CO. 5/548, pp. 57-60. 

71 Carter, Gage Correspondence, II, 23. 

72 Orders enclosed in Halifax to Grant, February 9, 1765, CO. 5/548, pp. 62-65, 
reproduced in Howard, F.H.Q., XVII, 287-288; cf. Documents relative to the Col- 
onial History of the State of New York, VII, 704. 

73 Grant to Shelburne, October 10, 1767, CO. 5/549, pp. 1-7; Grant to Gage, July 
8, 1768, Gage Papers, W.L.C.L. 

74 Gage to Tayler, April 13, 1768, Gage Papers, W.L.C.L. 

75 Tayler to Gage, February 13, 14 and 15, 1768, ibid. 

76 For the fort and the defenses of St. Augustine, see the discussion and plans in 
Chatelain, op. cit. 

77 Gage to Maxwell, October 9, 1770, Gage Papers, W.L.C.L. ; references to the 
building of the Franciscan barracks fill many of the letters between Gage and Tayler 
and the other local commanding officers from 1767 or earlier to 1771. See Charles L. 
Mowat, "St. Francis Barracks, St. Augustine : a Link with the British Regime," 
F.H.Q., XXI (January, 1943), 266-280. 

78 Carr to Gage, December 11, 1771, ibid.; see also letters of Gage, Haldimand, and 
other officers in the Gage Papers, and Carter, Gage Correspondence, I, 213-214, 238, 
246-248, 265, 316, II, 91, 100. 

79 For the various ecclesiastical instructions of the governor, see Labaree, Royal 
Instructions, II, 482-490; for the position of the Church of England in the American 
colonies, see Labaree, Royal Government, pp. 76-79, 115-118 ; Osgood, II, 3-48, III, 
76-106; Keith, pp. 222-228. 

80 "Furniture for the several churches in Florida," July, 1764, CO. 5/540, p. 
141; Jour. B. of T., 1764-1767, pp. 104-105; William Knox's Declared Account, 
1763-69, Audit Office 1, bundle 1261, roll 149; cf. Labaree, Royal Government, pp. 
76-79. 

81 For the work of the S.P.G. in the American colonies see Osgood, II, 39-44, and 
Frank J. Klingberg, Anglican Humanitarianism in Colonial New York (Philadelphia, 
1940), and the references given there. 

82 The whole subject of the Church of England in East Florida is fully treated, 



Mowat: East Florida as a British Province, 1763-1784 179 

with reference to the documents in the Colonial Office papers, the Fulham Manu- 
scripts, etc., in Edgar L. Pennington, "The Episcopal Church in Florida, 1763-1892," 
Historical Magazine of Protestant Episcopal Church, VII (March, 1938), 3-17. For 
Forbes's interesting family see Mowat in F.H.Q., XX, 141-142, and references given 
there. 

83 Michael J. Curley, Church and State in the Spanish Floridas (Washington, 1940), 
pp. 23-45 ; Labaree, Royal Instructions, II, 496-497. 

m Johann David Schoepf , Travels in the Confederation, Alfred J. Morrison, trans, 
and ed. (Philadelphia, 1911; originally published at Erlangen, 1788), II, 230. 

85 Mowat, F.S.Q., XX, 147. 

88 Forbes, p. 19. 

87 Grant to Board of Trade, August 5, 1766, CO. 5/541, p. 115 ; Contingent Account, 
1766-67, CO. 5/548, pp. 397-399; Eomans, pp. 300-302. Viaud told his own story, 
usually believed to be fictitious, in Naufrage et Avantures de M. Pierre Viaud, natif 
de Bordeaux, capitaine de navire ... (Neuchatel, 1770) ; this was translated into 
Dutch and English and appeared in numerous versions: see Sabin, Dictionary of 
BooTcs relating to America, s.v. "Viaud." For this reference the author is indebted to 
Professor Roland D. Hussey of the University of California, Los Angeles. 

88 Mulcaster to Grant, September 29, 1775, in Peter Force, ed., American Archives, 
4th ser., Ill (Washington, 1840), 835. 

88 Ibid., p. 838. 



NOTES TO CHAPTER III 

Without the Consent op the Governed 

1 Council Minutes, December 2, 1765, CO. 5/570, p. 34. 

2 Grant to Conway, April 26, 1766, CO. 5/548, p. 153. See also Wilfred B. Kerr, 
"The Stamp Act in the Floridas 1765-66," Mississippi Valley Historical Beview, 
XXI (March, 1935), 463-470. Cf. Grant to Charles Lowndes, April 26, 1766, Thomas 
Grahme to Hon. Commissioners of the Stamp Duty, December 3, 1765, St. Augustine, 
Treasury 1/452, fols. 1, 3; Thomas Grahame [sic] to Commissioners of Stamps, 
December 9, 1765, Treasury 1/448, fol. 66. 

3 Grant to Grey Cooper, September 8, 1766, Treasury 1/452, fol. 163. 

4 John B. Brebner, New England's Outpost (New York, 1927), p. 154; George L. 
Beer, British Colonial Policy (New York, 1907), p. 13. 

5 James R. McCain, Georgia as a Proprietary Province (Boston, 1917), pp. 123- 
136; Beer, pp. 12-13. In 1755 Parliament voted £2,957 for Georgia, in 1756, £3,557, 
Gentleman's Magazine, XXV (1755), 200; XXVI (1756), 437. 

6 Calendar of Home Office Papers, George III, 1760-1765 (London, 1878), p. 311; 
Jour. B. of T., 1764-1767, pp. 3, 4, 5, 17, 18-19, and passim; ibid., 1768-1775, passim. 
The board's addition of a salary for the receiver general of the quit rents (Wool- 
dridge) in 1771 was in response to a request of the Treasury. On the other hand the 
board refused in 1766 to add a salary for the naval officer, when the treasury for- 
warded to it a request of Greening's for its opinion (ibid., 1764-1767, pp. 213, 254, 
1768-1775, p. 263). 

7 Estimate for East Florida, 1763-64, Council Minutes, November 1, 1764, CO. 
5/570, p. 9. 

8 For the troubles of St. John, see Jour. B. of T., 1768-1775, pp. 94-95, 382. 

9 This table is based on the figures given for the supplies voted each year by Parlia- 
ment in Adam Anderson, An Historical and Chronological Deduction of the Origin 
of Commerce . . . (London, 1801). Anderson gives the figures for each year since 
1759. For the years cited, the references are IV, 53-55, 122-123, 159-160, 176-177, 
198-199, 210-211, 263-264, 399-400, 540-542. 

10 A. Berriedale Keith, First British Empire (Oxford, 1930), pp. 284-286. 

11 These figures, except as noted, are for 1763-64 but applied also to the subsequent 
years. They are contained in the annual estimates for East Florida, which are scat- 
tered through the CO. papers as follows: 1763-64, CO. 5/570, p. 9; 1764-65, CO. 
5/563, p. 184; 1765-66, ibid., p. 192; 1766-67, ibid., p. 222; 1767-68, CO. 5/549, p. 
41; 1768-69, CO. 5/550, p. 77; 1769-70, CO. 5/563, p. 276; 1770-71, ibid., p. 284; 
1771-72, ibid., p. 289; 1772-73, CO. 5/553, p. 13 ; 1773-74, CO. 5/554, p. 59. 

12 Eveline C Martin, The British West African Settlements, 1750-1821, Imperial 
Studies, No. 2 (London, 1927), pp. 66-70, 72-74; Adam Shortt and Arthur G. 
Doughty, eds., Canada and Its Provinces (Toronto, 1914), XIII, 344. Cf. Charles C 
Jones, The History of Georgia (Boston, 1883), II, 141-143. 

13 Jour. B. of T., 1764-1767, pp. 49, 60; Board of Trade to Grant, May 29, 1764, 
CO. 5/563, pp. 171-172. 

14 William Knox's Declared Account, 1763-1769, Audit Office 1, bundle 1261, roll 
149; Herbert L. Osgood, American Colonies in the Eighteenth Century (New York, 
1924), I, 18-20; Eeginald L. Poole, Exchequer in the 12th Century (Oxford, 1911), 
passim. 

[180] 



Mowat: East Florida as a British Province, 1763-1784 181 

15 Board of Trade to Grant, May 29, 1764, CO. 5/563, pp. 165-170; Jour. B. of T., 
1764-1767, pp. 62, 63, 155, 187, 255, 268, 357. 

16 For the whole procedure, see Charles M. Andrews, Guide to materials . . .in P.E.O. 
(Washington, 1912, 1914), II, 79. 

17 The only declared accounts found which belong directly to East Florida are those 
of William Knox, 1763-1769; William Knox, 1769-1770; Moultrie, 1772-1775 (pub- 
lic works only); Tonyn, 1773-1785; Cowan, 1782-1787; Grant, 1769-1770 (New 
Smyrna expenses only). Audit Office 1, bundle 1261, rolls 149, 150, 147, 148, 151, 154. 

18 Leonard W. Labaree, Boyal Instructions (New York, 1935), I, 174-175; Council 
Minutes, November 1 and 3, 1764, CO. 5/570, pp. 10-12. 

19 William Drayton, "An Inquiry into the present State, and Administration of 
Affairs in the Province of East-Florida," 1778 (manuscript volume in Library of 
Congress), postscript (unpaged). Cf. p. 88 above. 

20 This table is based on the annual estimates and on the accounts sent yearly to 
England from East Florida, which are in CO. 5/548 seq. These are lacking for 
1763-64, 1764-65, 1765-66 : the figures for 1763-64 are supplied from an account 
of William Knox, CO. 5/540, p. 183 ; for 1764-65 and 1765-66 from Knox's Declared 
Account, 1763-1769 (Audit Office 1, bundle 1261, roll 149). The figures for 1766-1770 
given in Grant's accounts check with those appearing for those years in Knox's De- 
clared Account, 1763-1769. 

21 Bernard Eomans, Concise History (New York, 1775), p. 223; Dartmouth MSS, 
II, 484. 

22 Grant to Hillsborough, December 14, 1770, CO. 5/552, pp. 18, 19; Grant to 
Board of Trade, n.d. (endorsed "Received 29 January, Eead 12 May 1772"), CO. 
5/545, p. 115; Jour. B. of T., 1768-1775, p. 309. 

23 Knox's Declared Account, 1769-70, Audit Office 1, bundle 1261, roll 150; these 
figures correspond closely with the corresponding entries in Moultrie's and Tonyn's 
declared accounts. 

24 Grant to Hillsborough, December 1, 1768, CO. 5/550, pp. 5-8; Pownall to 
Thomas Bradshaw (secretary to the Lords of the Treasury), February 25, 1769, 
CO. 5/566, p. 17; Bradshaw to Pownall, March 30, 1769, CO. 5/550, p. 67; Hills- 
borough to Grant, April 3, 1769, ibid., p. 73; statement of the expenditure of the 
New Smyrna bounty, February 9, 1771, enclosed in Grant to Hillsborough, February 
15, 1771, CO. 5/552, pp. 41, 45-48, 53, 57. 

25 Grant's commission, CO. 5/563, pp. 12, 14. 

26 A. B.C. Col., IV, 574-576; Eepresentation of Board of Trade to King, October 4, 
1763, CO. 5/563, pp. 2-5. 

27 Labaree, Boyal Instructions, I, 112-113, 127-128, 131-133, 145-146. 

28 Ibid., p. 121. 

29 Evarts B. Greene, Provincial Governor (New York, 1898), p. 160; ef. Keith, pp. 
246-247. 

30 Keith, pp. 180-181. 

31 Ibid., pp. 15-17. 

32 Jones, I, 462-465, 474 seq. 

83 Brebner, New England's Outpost, pp. 137-138, 248 seq.; Chester Martin, Empire 
and Commonwealth (Oxford, 1929), pp. 56 seq., especially pp. 67-72. 

3i Clarence E. Carter, "The Beginnings of British West Florida," Mississippi Valley 
Historical Review, IV (December, 1917), 339-340; the minutes of the West Florida 
Assembly, 1766-1769, are reproduced, under the editorship of James A. Padgett, in 



182 University of California Publications in History 

Louisiana Historical Quarterly, XXII (April, October, 1939), 311-384, 943-1011, 
XXIII (January, 1940), 5-77. Of. Cecil Johnson, British West Florida (New Haven, 
1943), pp. 83-114. 

35 C. S. S. Higham, "The General Assembly of the Leeward Islands, Part II," Eng- 
lish Historical Review, XLI (July, 1926), 366-379. 

86 Canada and Its Provinces, XIII, 344-351. 

37 Eveline C. Martin, pp. 57-70. 

38 Alfred L. Burt, Old Province of Quebec (Minneapolis, 1933) pp. 92, 122, 149, 
151 seq., 190. 

39 Grant to Hillsborough, October 19, 1770, CO. 5/551, p. 184. 

40 Labaree, Royal Instructions, I, 60-62. 

41 Ibid., I, 17-19, 51-54. For a general treatment of provincial councils, see Keith, 
pp. 191-195, Labaree, Royal Government (New Haven, 1930), pp. 134 seq. 

43 Grant to Hillsborough, October 19, 1770, CO. 5/551, p. 183. 

43 Ibid. 

44 Tonyn to Dartmouth, December 25, 1775, CO. 5/556, p. 175 ; Germain to Tonyn, 
June 14, 1776, ibid., p. 230; Council Minutes, December 21, 1775, CO. 5/571, p. 186. 

45 Council Minutes, passim, CO. 5/570, CO. 5/571, Audit Office 16/43. 

48 Mulcaster's parentage seems to be a Florida tradition. See Wilbur H. Siebert, 
Loyalists (DeLand, Florida, 1929), 1, 13. 

47 Grant to Halifax, August 9, 1765, CO. 5/548, p. 103 ; Council Minutes, October 
7, 1765, CO. 5/570, p. 32. 

48 Charles C Jones, II, 52-54; Jour. B. of T., 1759-1763, p. 355. 

49 Grant to Shelburne, November 27, 1766, CO. 5/548, p. 262 ; Grant to Shelburne, 
March 12, 1768, CO. 5/549, p. 78; Council Minutes, February 1, 1768, Audit Office 
16/43, pp. 81-82. 

60 Edward McCrady, The History of South Carolina under the Royal Government, 
1719-1776 (New York, 1899), p. 475, gives a list of South Carolinians at the Inns 
of Court between 1759 and 1786. 

61 Drayton to Dartmouth, August 4, 1773, CO. 5/553, p. 63: cf. D.A.B., s.v. "Wil- 
liam Drayton (1732-1790)." 

62 Drayton to Dartmouth, February 15, 1774, CO. 5/554, p. 27; Council Minutes, 
January 13, 1768, Audit Office 16/43, p. 81. None of the proclamations, except the 
one relating to licenses, has been discovered. 

53 Burt, p. 112 ; Chester Martin, p. 70. 

54 South Carolina and American General Gazette, September 3, 1770. 

55 Council Minutes, May 3, 1771, CO. 5/571, pp. 61-62. 

58 South Carolina and American General Gazette, May 13 and 20, 1771. 

57 Dartmouth MSS, II, 122, cf . pp. 83, 185. Nothing more has been found by the 
author regarding the seizure of Bagley's land; Bagley was a butcher and artificer. 

58 Ibid., p. 485. 

59 South Carolina Gazette, May 23, 1771. A copy of this address was sent to Germain 
by Tonyn with his letter of January 19, 1778 (CO. 5/558, pp. 177-178) among vari- 
ous papers which were intended to justify Tonyn's second suspension of Drayton as 
chief justice ; cf . Dartmouth MSS, II, 78. 

60 This is suggested in James Grant Forbes, Sketches of The Floridas (New York, 
1821), p. 21, and stated in Tonyn to Germain, April 2, 1776, CO. 5/556, pp. 495-498. 
Cf. Grant to Hillsborough, October 19, 1770, CO. 5/551, p. 182. 

81 Forbes, p. 21. 



Mowat: East Florida as a British Province, 1763-1784 183 

82 Ibid. 

83 Drayton to Moultrie, October 19, 1771, Moultrie to Drayton, October 20, 1771, 
Moultrie to Hillsborough, October 20, 1771, CO. 5/552, pp. 135-141. Drayton's resig- 
nation was announced in the Council on November 15, Council Minutes, CO. 5/571, 
p. 67. 

ei Drayton to Dartmouth, August 4, 1773, CO. 5/553, pp. 61-62. 

85 Clinton N. Howard, "Governor Johnstone in West Florida," F.E.Q., XVII 
(April, 1939), p. 296 and passim. 

68 Hillsborough to Moultrie, June 6, 1772, CO. 5/552, p. 235; Labaree, Royal In- 
structions, 1, 17-19. 

87 Hillsborough to Moultrie, August 7, 1772, CO. 5/552, p. 259; Moultrie to Hills- 
borough, December 29, 1772, CO. 5/553, p. 21; Council Minutes, November 2 and 
December 15, 1772, Audit Office 16/43, pp. 196, 197. 

88 Moultrie to Dartmouth, April 22, 1773, CO. 5/553, p. 199. 

63 Ibid.; Moultrie to Drayton, July 22, 1773, ibid., p. 207; Drayton to Moultrie, 
July 22, 1773, ibid., pp. 211-212. 

70 Council Minutes, July 20, 1773, Audit Office 16/43, pp. 204-206; Moultrie to 
Dartmouth, August 22, 1773, CO. 5/553, pp. 197-204. 

71 Drayton to Dartmouth, August 4, 1773, CO. 5/553, pp. 59-61. 

72 Moultrie to Dartmouth, August 22, 1773, and enclosures, ibid., pp. 197-223; 
Council Minutes, August 2, 1773, CO. 5/571, p. 91. 

73 Council Minutes, August 20, 1773, CO. 5/571, pp. 91-93 ; Moultrie to Dartmouth, 
August 22, 1773, CO. 5/553, pp. 197-204. 

74 5 & 6 Edw. VI ; 2 Geo. II, cap. xxviii ; 26 Geo. II, cap. xxsi : as cited by Drayton. 

75 Drayton to Dartmouth, February 15, 1774, CO. 5/554, pp. 27-30. 
78 Council Minutes, February 9, 1774, CO. 5/571, pp. 95-97. 

77 Council Minutes, December 30, 1773, February 9, 1774, ibid., pp. 93-97. 

78 Drayton to Dartmouth, February 15, 1774, CO. 5/554, pp. 30-33. 



NOTES TO CHAPTER IV 
Peopling the Sandy Desert 

1 Many of the works of this period relating to Florida are described, with valuable 
brief comments on the authors, in Daniel G. Brinton, Notes on the Floridian Penin- 
sula (Philadelphia, 1859), pp. 54—59; most of them are listed in Joseph Sabin, et al., 
Bibliotheca Americana (New York, 1868-1936), which describes the different edi- 
tions of Stork's book. A large number of these works are in the Huntington Library. 
For fuller details, see Charles L. Mowat, "The First Campaign of Publicity for 
Florida," Mississippi Valley Historical Review, XXX, No. 3 (December, 1943). 

2 For the Bartrams, see D.A.B. and Ernest Earnest, John and William Bartram 
(Philadelphia, 1940) ; also Francis Harper's introduction to John Bartram, Diary 
of a Journey through the Carolinas, Georgia, and Florida, Transactions of the Ameri- 
can Philosophical Society, Vol. XXXIII, Pt. I (Philadelphia, 1942), pp. 1-4. The 
full text of the diary of the lengthy journey made in 1765-1766 by this sturdy 
naturalist, then aged sixty-six, is published by Mr. Harper for the first time in the 
work just cited from the original manuscript in the possession of the Historical 
Society of Pennsylvania. The portion relating to the journey up the St. John's 
is missing from the manuscript; Mr. Harper therefore reprints the version pub- 
lished in [William Stork], Description of East-Florida (3d ed.; London, 1769) ; see 
John Bartram, Diary, Introduction, pp. 3-5 and passim. William Bartram's Travels 
were not published until 1791; a part of his original account of the journey is pub- 
lished: William Bartram, Travels in Georgia and Florida, 1773-74; a Report to Dr. 
John F other gill, ed. Francis Harper, Transactions of the American Philosophical 
Society, Vol. XXXIII, Pt. II (Philadelphia, 1943). See Bibliography, under "Bar- 
tram" and "Stork." 

3 For Bernard Eomans, see D.A.B. , D.N.B., and Philip Lee Phillips, Notes on the 
Life and WorTcs of Bernard Romans (DeLand, Florida, 1924). 

^D.N.B., s.v. "John Bolle, Baron Bolle (1750-1842)"; Gentleman's Magazine, 
XXXVIII (June, 1768), 273, XLV (August, 1775), 377; Wilbur H. Siebert, Loyal- 
ists (DeLand, Florida, 1929), II, 367-371. 

5 [Denys Rolle], An Extract from the Account of East Florida, Published by Dr. 
Storlc . . . With the Observations of Denys Rolle, who formed a Settlement on St. 
John's river . . . (London, 1766), passim, especially pp. 13, 19. A copy of this rare 
work is in the John Carter Brown Library; for this and other British East Florida 
items there, see Lawrence C. Wroth, "Source Materials of Florida History in the 
John Carter Brown Library of Brown University," F.H.Q., XX (July, 1941), 38-46. 

6 Gentleman's Magazine, XXXVII (January, 1767), 21-22; cf. Scots Magazine, 
XXIX (January, 1767), 50. 

7 Several of these are among the papers of the Earl of Moira (of the Hastings 
family), one of the East Florida grantees, in the Hastings Papers in the manuscript 
collection of the Huntington Library. These are in a manuscript volume lettered 
"East Florida Papers &e" (HM 9561-9566). 

8 For Lord Adam Gordon, see D.N.B. His "Journal of an Officer in the West Indies 
who Travelled over a part of the West Indies, and of North America, in the course 
of 1764 and 1765" (British Museum, King's MSS, No. 213, fols. 1-69) is printed 
in Newton D. Mereness, ed., Travels in the American Colonies (New York, 1916), 
pp. 367-453 (East Florida part, pp. 390-394). 

[184] 



Mowat: East Florida as a British Province, 1763-1784 185 

9 For De Brahra, see p. 52. His report exists in manuscript in the Harvard Uni- 
versity Library (a bound volume lettered "Brahm's Survey of East Florida, Carolina, 
Georgia, &c") and in the British Museum (King's MSS, Nos. 210, 211: photostat in 
Library of Congress). The Carolina and Georgia parts were published many years 
ago in very limited editions : Plowden C. J. Weston, ed., Documents Connected with 
the History of South Carolina (printed for private distribution; London, 1856), pp. 
156 seq.; [George Wymberley-Jones, ed.], History of the Province of Georgia, by 
John Gerar William De Brahm (Wormsloe, North Carolina, 1849). For the unpub- 
lished East Florida part see Carita Doggett Corse, "De Brahm's Beport on East 
Florida, 1773," F.H.Q., XVII (January, 1939), 219-226. See also Charles M. Andrews 
and Frances G. Davenport, Guide to the Manuscript Materials for the History of the 
United States to 1783, in the British Museum (Washington, 1908), pp. 27-28. 

10 Mitchell's Present State, pp. 152-154, 190-213, passim. For John Mitchell, see 
B.A.B. 

^American Husbandry (London, 1775), II, 42-60; American Husbandry, ed. 
Harry J. Carman, Columbia University Studies in the History of American Agri- 
culture, No. 6 (New York, 1939), pp. 360-374. For a discussion of authorship, see 
Carman edition, pp. xxxi-xxxviii, xxxix-lxi ; also Lyman Carrier, "Dr. John Mitchell, 
Naturalist, Cartographer, and Historian," American Historical Association, Annual 
Beport, 1918 (Washington, 1921), 1, 199-219; cf. Sabin, s.v. ["Young?"]. 

13 For J. F. D. Smyth see Sabin and B.N.B. s.v. "John Ferdinand Smyth Stuart 
(1745-1814)." 

13 See J. D. Schoepf 's Travels in the Confederation, Morrison, trans. (Philadelphia, 
1911), especially pp. v-viii; cf. Brinton, pp. 59-60. 

14 For contemporary maps of East Florida, see map section in Bibliography. 

15 Full details and references for De Brahm's interesting career, many features of 
which have remained obscure, are given in Charles L. Mowat, "That 'Odd Being,' 
De Brahm," F.H.Q., XX (April, 1942), 323-345; cf. D.A.B.; A. J. Morrison, "John 
G. De Brahm," South Atlantic Quarterly, XXI (July, 1922), 252-258. Several of 
his maps are with his "Beport" (Harvard copy) ; some are reproduced in Crown 
Collection [1st ser.], Vol. V, pis. 35, 49, 50; 2d ser., Vol. I, pi. 36. See map section 
of Bibliography. In later life he called himself "John Gerar William de Brahm." 

16 For some of the many papers relating to this protracted case see Jour. B. of T., 
1764-1767 and 1768-1775, Index s.v. "Gordon, John," also A.P.C. Col., IV, 653, 737, 
738, V, 177, 178, VI, 436, 561; see also Siebert, Loyalists, II, 277. Gordon's side of 
the case was stated in The Case of Mr. John Gordon, with respect to the Title to 
certain Lands in East Florida (London, 1772) . For similar conditions in West Florida 
see Clinton N. Howard, "Some Economic Aspects of British West Florida, 1763- 
1768," Jowrnal of Southern History, VI (May, 1940), 210-212. 

17 Beverley W. Bond, The Quit Bent System in the American Colonies (New Haven, 
1919), introduction by Charles M. Andrews, pp. 14-22 and passim. For royal colonial 
land policy in general see A. Berriedale Keith, First British Empire (Oxford, 1930), 
pp. 321-323; Lewis C. Gray, Agriculture in Southern United States (Washington, 
1933), I, 381-403 (which contains many references to East Florida) ; Charles L. 
Mowat, "The Land Policy in British East Florida," Agricultural History, XIV 
(April, 1940), 75-77. 

18 Adam Shortt and Arthur G. Doughty, Constitutional History of Canada (Ottawa, 
1918), 1, 150; Jowr. B. of T., 1759-1768, pp. 401-402, 407-408; A.P.C. Col., IV, 610; 
Scots Magazine, XXV (November, 1763), 627. 



186 University of California Publications in History 

19 A specimen order is given in A.P.C. Col., V, 588-589. Each order presented to 
the East Florida Council was copied in its minutes : CO. 5/570 and 571 passim. 

20 Editor's introduction in A.P.C. Col., Vol. V, Appendix V, pp. 558-593. 

21 Leonard W. Labaree, Royal Instructions, II, 532 ; Georgia Gazette, December 
27, 1764; South Carolina Gazette, December 3, 1764; CO. 5/540, pp. 285-289. 

23 Labaree, Boyal Instructions, II, 527-531; cf. "Form of a Grant of Lands in 
East Florida," enclosed in Grant to Shelburne, July 16, 1767, British Museum, King's 
MSS, No. 206, pp. 213-216. See also Cecil Johnson, "The Distribution of Land in 
British West Florida," Louisiana Historical Quarterly, XVI (October, 1933), 539- 
553 ; Clarence E. Carter, "Some Aspects of British Administration in West Florida," 
Mississippi Valley Historical Review, I (December, 1914), 364-375; Cecil Johnson, 
British West Florida (New Haven, 1943), pp. 115-131. 

23 Labaree, Boyal Instructions, I, 440, II, 531-533, 537-538, 602-603. 

^Ibid., II, 605-606; Jour. B. of T., 1764-1767, pp. 51, 54, 58-59; A.P.C. Col., IV, 
670-671; CO. 5/563, pp. 156-157, 161-164. 

25 Mowat in Agricultural History, XIV, 75-77; St. George L. Sioussat, "The Break- 
down of the Boyal Management of Lands in the Southern Provinces, 1773-1775," 
ibid., Ill (April, 1929), 67-98; Clarence W. Alvord, Mississippi Valley, II, 209 seq. 

26 Bond, pp. 380-382 and passim. 

27 Labaree, Boyal Instructions, I, 548-549 ; A.P.C. Col., IV, 668-669 ; Jour. B. of T., 
1764-1767, pp. 48, 53, 54; CO. 5/563, pp. 148-150. 

28 Labaree, Boyal Instructions, II, 546. 

29 Grant to Shelburne, July 16, 1767, in Jour. B. of T., 1764-1767, pp. 418, 437. 

30 Moultrie to Hillsborough, January 23, 1772, and enclosure, CO. 5/552, p. 215. 

31 Hillsborough to Moultrie, April 1 and August 7, 1772, ibid., pp. 223, 260 ; Council 
Minutes, November 2, 1772, Audit Office 16/43, p. 196. 

32 South Carolina Gazette, May 16, 1768; Grant to Hillsborough, March 3, 1772, 
CO. 5/552, pp. 211-212; Moultrie to Hillsborough, October 16, 1771, ibid., p. 131. 

33 Schoepf, II, 233. 

34 James Grant Forbes, SJcetches of The Floridas (New York, 1821), pp. 19-20; 
Charles Vignoles, Observations upon the Floridas (New York, 1823), p. 18. 

35 Sidney Lanier, Florida: its Scenery, Climate, and History (Philadelphia, 1876), 
pp. 193-194; George B. Fairbanks, The History and Antiquities of the City of St. 
Augustine, Florida (New York, 1858), pp. 158-172; William W. Dewhurst, The His- 
tory of Saint Augustine, Florida (New York, 1881), p. 127. 

39 For the agricultural development of East Florida and of the southern colonies 
generally see Gray, 1, 110 seq. and passim. 

37 J. F. D. Smyth, A Tour in the United States of America (London, 1784), II, 
35-38. 

38 Drayton, "Inquiry" (L. of C MS), pp. 6-8; William Bartram, Travels (London, 
1792), pp. 97-98, 251. 

39 See Alvord, Mississippi Valley, passim, especially II, 97 seq.; Gray, I, 399-403. 

40 See Howard in Journal of Southern History, VI, 201-221; Cecil Johnson, 'Ex- 
pansion in West Florida, 1770-1779," Mississippi Valley Historical Beview, XX 
(March, 1934), 481-496; idem, British West Florida, pp. 132-149. 

41 Canada and Its Provinces, XIII, 332-343 ; Jour. B. of T., 1764-1767, pp. 400- 
406, 413-415. For the growth of settlement in Nova Scotia in this period and the 
speculation in land there see John Bartlet Brebner, The Neutral Yankees of Nova 
Scotia (New York, 1937), pp. 24-65, 92-121. 



Mowat: East Florida as a British Province, 1763-1784 187 

42 These figures are based on those given in A.P.C. Col., IV (Appendix V), 813- 
821, V (Appendix V), 588-601. 

43 These figures are derived from the lists of petitioners and the self-descriptions 
furnished by some of them, in A.P.C. Col., Vols. IV, V, and CO. 5/542-543, 563. 

44 Many of these men are in D.N.B. under their own names : for Luke Lillingston 
see "Luke Lillingston (1653-1713)," for Clotworthy Upton see "Arthur Upton 
(1623-1706)," and A.P.C. Col., V, 817. For Touchet see Jour. B. of T., 1764-1767, 
pp. 12-14; Scots Magazine, XXVII (May, 1765), 241-244; North Briton, No. 35 
(January 29, 1763) ; and Eveline C. Martin, British West African Settlements (Lon- 
don, 1927), pp. 59-60. For Strachey, see Fitzmaurice, Shelburne (London, 1912), 
II, 192. For Peter Taylor, see Siebert, Loyalists, I, 17. 

45 This table, and the names given in the preceding paragraph, are derived from 
the particulars given in the Council Minutes, which, from 1766 to 1775, were largely 
filled with lists of persons to whom warrants of survey and grants were issued, and 
the number of acres involved in each case (except in grants of town lots) : see 
Council Minutes, CO. 5/570 and 571, and Audit Office 16/43, passim. 

48 Bernard Eomans, Concise History (New York, 1775), p. 117. 

47 List enclosed in Tonyn to Germain, November 1, 1776, CO. 5/557, pp. 51-53. 
^Eolle's Petition [1766], pp. 2-5, 8-9, 20-21, 24-25. 

49 Letters in Hastings Papers, Huntington Library (HM 9563, 9564, 9566). 

50 Petition of William Stork to King in Council, n.d., CO. 5/548, p. 297. 

51 Jour. B. of T., 1759-1763, pp. 397, 402-405. 

52 Copy of Mr. Cressener's letter on M. Vivegnis' proposals, June 24, 1764, trans- 
mitted to Board of Trade by Sandwich, July 13, 1764, CO. 5/540, pp. 147, 151, 155- 
157; Board of Trade to Sandwich, July 23, 1764, CO. 5/563, p. 176. 

53 Petition of Antoine Louis de Norac, CO. 5/542, p. 147. 

54 Jour. B. of T., 1768-1775, pp. 294, 298, 300-302; A.P.C. Col., VI, 508; Petition 
and memorial, CO. 5/545, pp. 109-112 ; Dartmouth MSS, II, 82, 103, 171-172. 

55 Siebert, Loyalists, II, 51-53. 

66 See petitions of Georgio Barboulou, a Greek of the Peloponnesus, and of Lt. Col. 
Douglas, CO. 5/542, p. 355, CO. 5/545, p. 17; cf. other petitions in CO. 5/542, 543, 
and 544, passim. 

57 Wilbur H. Siebert, "Slavery and White Servitude in East Florida, 1726-1776," 
F.H.Q., X (July, 1931), 14, quoting South Carolina Gazette, October 13, 1766, March 
16 and July 6, 1767. 

58 Dartmouth MSS, II, 102-103, 139-144, 149, 151, 159-160, 162, 167-168, 171. 

59 John Savage's Proposal to Henry Laurens, enclosed in Grant to Board of Trade, 
November 22, 1764, CO. 5/540, pp. 231, 293-294; Grant to Board of Trade, March 
1, 1765, Hid., pp. 354-356 ; John Savage to Francis Jones and Cornelius Hinson at 
Bermuda, December 14, 1764, Charleston, ibid., pp. 365-368; John Savage to Grant, 
February 23, 1764, Charleston, and enclosures, ibid., pp. 369-371, 373, 377, 381; 
Grant to Gage, April 4, 1765, Gage Papers, W.L.C.L.; Scots Magazine, XXVIII 
(May, 1766), 271. 

80 Petition of Ephraim and John Gilbert, enclosed in Grant to Board of Trade, 
July 16, 1765, CO. 5/540, pp. 425-426; Council Minutes, July 15, 1765, April 29 and 
December 18, 1766, CO. 5/570, pp. 27-28, 37, 52. 

61 Grant to Board of Trade, January 26 and August 5, 1766, CO. 5/540, p. 505, 
CO. 5/541, p. 113; Grant to Shelburne, November 27, 1766, CO. 5/548, p. 261; 
De Brahm, "Eeport" (Harvard copy), p. 247. 



188 University of California Publications in History 

62 De Brahm, "Keport" (Harvard copy), pp. 183-190. From the total of 288 men 
two should be deducted, since De Brahm included as planters the Earl of Egmont and 
Eichard Oswald, neither of whom was ever in the province though each had agents 
resident. 

63 This figure is obtained by assuming that each married man had two children 
(144x4) and adding the number of single men, 1,400 Minorcans (which figure 
clearly included women and children) and 900 Negroes. 

84 Smyth, II, 35. 

65 Forbes, p. 140. 

66 This was true of many owners of town lots in St. Augustine and of many settlers 
in the country : see loyalist claims for compensation in Siebert, Loyalists, II, passim. 

07 CO. 324/54, unnumbered sheet; also British Museum, King's MSS, No. 206, p. 
216. 

68 Council Minutes, CO. 5/570, 571,- Audit Office 16/43, passim. 
89 See Gray, I, 60 seq., 110-111. 

70 De Brahm, "Keport" (Harvard copy), pp. 310-311 [1]. 

71 Translation by E. W. Lawson of Spanish census of 1784, in library of St. Au- 
gustine Historical Society. 

72 Siebert, Loyalists, II, 132. 

73 Georgia Gazette, January 26, 1764. 

74 South Carolina and American General Gazette, December 11, 1767. 

75 Moultrie to Hillsborough, January 23 and June 20, 1772, Hillsborough to 
Moultrie, April 1, 1772, CO. 5/552, pp. 217-218, 224, 264-265; William Alexander's 
Account, June 23, 1772, ibid., p. 313. 

78 Forbes, p. 140. 

77 South Carolina and American General Gazette, March 25, 1768. 
78 Bomans, p. 103. 

79 Grant to Shelburne, December 25, 1767, March 12, 1768, CO. 5/549, pp. 45-46, 
77; Siebert in F.H.Q., X, 3-23 ; Gray, I, 353-371; South Carolina and American Gen- 
eral Gazette, November 6, 1767. 

80 Tables of fees, in Council Minutes, CO. 5/570, pp. 19-22, 24, 32. 

81 Bomans, p. 195. 

82 Grant to Hillsborough, April 23, 1770, CO. 5/551, p. 55. 

83 Dartmouth MSS, II, 282-283. 

84 Bomans, pp. 190-202. 

85 Smyth, II, 38. 

88 Moultrie to Dartmouth, May 16, 1773, CO. 5/553, pp. 45-48. 

87 Commons Journal, June 6, 1781, CO. 5/572, pp. 73-76. 

88 Grant to Board of Trade, March 1 and July 16, 1765, Grant to Pownall, April 4, 
1765, CO. 5/540, pp. 353, 390, 416; Board of Trade to Grant, July 4, 1766, CO. 
5/563, pp. 206-207 ; Siebert in F.H.Q., X, 7, 11. 

89 Contingent Account, 1770-71, CO. 5/552, pp. 115-116; Moultrie to Hills- 
borough, September 25, 1771, Hid., pp. 128-129. 

90 Memorial of Grant to Board of Trade, n.d., received January 29, read May 12, 
1772, CO. 5/545, pp. 115-116. 

91 See the Declared Accounts of Moultrie, Tonyn, and William Knox (1769-70), 
Audit Office 1, bundle 1261, Bolls 147, 148, 150. 

92 Contingent Accounts, 1773-74, 1774-75, etc., CO. 5/554, pp. 107-109, CO. 
5/555, pp. 205-207. 



Moivat: East Florida as a British Province, 1763-1784 189 

93 Grant to Hillsborough, January 16, 1770, CO. 5/551, pp. 29-30 ; Grant to Tarn- 
more, September 14, 1769, quoted in A. M. Grant, General James Grant [1930], p. 78 ; 
Account of indigo exported, 1774, CO. 5/555, pp. 101-103 ; Skinner to Grant, Sep- 
tember 21 and October 5, 1775, in Peter Force, American Archives, 4th ser., IV 
(Washington, 1843), 329: the location of the farm is shown on De Brahm's map of 
the coast (Lewis). 

94 Spanish census of 1784 (translation in library of St. Augustine Historical So- 
ciety), s.v. "Terreo." 

95 Siebert, Loyalists, II, 237-250,- Siebert in F.H.Q., X, 15; Forbes, pp. 90, 141; 
Grant to Hillsborough, July 20, 1769, October 19, 1770, CO. 5/550, p. 119, CO. 
5/551, p. 183. Salop was probably an essence made from sassafras; see New English 
Dictionary, s.v. "salep" and "saloop." 

98 Siebert, Loyalists, II, 54-61 ; Forbes, p. 90. 

97 Siebert, Loyalists, II, 250-259. 

98 Bartram, p. 92; De Brahm, "Report" (Harvard copy), p. 254. 

99 For Forbes's lands, see Siebert, Loyalists, II, 271. 

100 Siebert, Loyalists, II, 37-48, 316; American State Papers, Public Lands (Wash- 
ington: Gales and Seaton), III, 799-800, IV, 388-389; Spanish Land Grants in 
Florida, Vol. I, Unconfirmed Claims (mimeographed publication of Florida Histori- 
cal Records Survey, Work Projects Administration; Tallahassee, 1940), pp. 77-93. 

101 Romans, pp. 264-265 ; Forbes, p. 89 ; American State Papers, Public Lands, IV, 
697-705; Spanish Land Grants, I, 120-127. 

102 Bartram, pp. 73-75. 

103 American State Papers, Puolic Lands, III, 790, 799 ; Forbes, p. 82. 
10 * Forbes, pp. 82-83. 

105 Reconstruction of the land map of East Florida before 1775 would rest on the 
records of land grants in the Council Minutes, on the evidence given in support of 
loyalist claims for compensation reproduced in Siebert, Loyalists, II, passim, and 
in CO. 5/562, Treasury 77/1-22, Treasury Solicitor Papers, 3662, 3666 (not avail- 
able for the present study) ; and on the evidence in support of claims submitted to 
the United States Government after 1821 in American State Papers, Public Lands, 
Vols. Ill, IV. The documents relating to the latter claims are now preserved in the 
Field Note Division of the Florida Department of Agriculture in the State Capitol 
at Tallahassee; they have been translated and calendared in Spanish Land Grants 
in Florida, Vol. I, Unconfirmed Claims; Vols. II- V, Confirmed Claims. 

106 Rolle's troubles during his first year in East Florida were fully recounted by him 
in a petition to the Privy Council, of which a few copies were printed in 1766, though 
it was never published. It has been cited herein as Rolle, Petition. See Bibliography ; 
also Sabin, No. 72848. Copy in John Carter Brown Library. 

107 There are many references to Rolle's activities in the CO. papers relating to 
East Florida. See Carita Doggett Corse, "Denys Rolle and Rollestown, a Pioneer for 
Utopia," F.H.Q., VII (October, 1928), 115-134. Cf. Shelburne Papers, W.L.C.L., 
LXVI, 685, and Siebert, Loyalists, pp. 287-297, 307. 

103 Vignoles, p. 73. 

109 There are accounts of New Smyrna in all the histories and descriptions of 
Florida, such as Dewhurst, op. cit., John Lee Williams, Territory of Florida (New 
York, 1839), pp. 189-190, Charles B. Reynolds, Old Saint Augustine (St. Augustine, 
1885), pp. 87-89, etc., mostly based on the one-sided testimony of Romans' Concise 
Sistory, pp. 268-270, though this was refuted by Turnbull in the Columbian Maga- 



190 University of California Publications in History 

sine for December, 1788, printed in Phillips, pp. 106-111. The enterprise was not 
placed in a favorable light until the appearance of a full narrative of it in Carita 
Doggett, Dr. Andrew Turnbull and the New Smyrna Colony of Florida (Florida: 
The Drew Press, 1919), based largely on the extensive documents in the CO. and 
Treasury papers. New information from the Spanish sources is given by Michael J. 
Curley, Church and State in the Spanish Floridas (Washington, 1940), pp. 23-41, 
who seems to support the charges of cruelty against Turnbull and his agents. For 
Turnbull, see D.A.B. 

110 Knox MSS, W.L.C.L., IX, 3. 

m [Archibald Menzies], Proposal for Peopling his Majesty's Southern Colonies on 
the Continent of America [1763]. A copy of this extremely rare pamphlet is in the 
John Carter Brown Library. 

112 Number of Mahonese, etc., brought over in 1768, also the number which have 
died each year and the number of survivors, January 15, 1778, CO. 5/558, p. 107. 
Port Mahon was the principal town in Minorca. 

113 South Carolina Gazette, October 11, 1773. 

114 Siebert, Loyalists, II, 297-304, 307. 

115 American State Papers, Public Lands, III, 800-801, IV, 388, VI, 123-126; 
Spanish Land Grants, I, 318-327. 



NOTES TO CHAPTER V 
A Showing in the Tables op Trade 

I Documents relative to the Colonial History of New York, VIII (Albany, 1857), 27. 
2 Leonard W. Labaree, Royal Instructions (New York, 1935), II, 653-654, 752- 

797; George L. Beer, British Colonial Policy (New York, 1907), pp. 193 seq.; Charles 
M. Andrews, Colonial Period, Vol. IV (New Haven, 1938), passim; Governor's and 
Secretary's fees in Council Minutes, June 20, 1765, CO. 5/570, pp. 19-21. 

3 Herbert L. Osgood, American Colonies in the Eighteenth Century (New York, 
1924), I, 22-23; Andrews, Colonial Period, IV, 180-191; Winfred T. Boot, Pennsyl- 
vania (Philadelphia, 1912), pp. 57-58; Naval Officer's fees in Council Minutes, June 
20, 1765, CO. 5/570, pp. 24-25. 

* Dora Mae Clark, "The American Board of Customs, 1767-1783," American His- 
torical Review, XLV (July, 1940), 777-806; Edward Channing, A History of the 
United States, III (New York, 1912), 85, 89-90 ; Osgood, I, 20-23 ; Andrews, Colonial 
Period, IV, 195 seq.; Labaree, Royal Instructions, I, 384-385. 

5 Council Minutes, December 9, 1766, CO. 5/570, p. 50. 

8 South Carolina Gazette, September 28, 1769. 

7 Some idea of their duties is given by the fees authorized for them : see Searcher's, 
Collector's, and Comptroller's fees in Council Minutes for August 10, 1767, December 
17 and May 13, 1766, respectively, Audit Office 16/43, p. 56, CO. 5/570, pp. 52-53, 41 ; 
cf . Boot, pp. 58-61. 

8 The studies of Miss Clark and of O. M. Dickerson make it clear that much material 
on the American customs service exists in the Treasury Papers. Most of these, however, 
have unfortunately not yet been photostated for the Library of Congress collection 
and are available only in England. 

9 Treasury 1/471, f ols. 89, 90. 

10 O. M. Dickerson, "Writs of Assistance as a Cause of the Bevolution," in Biehard 
B. Morris, Era of American Revolution (New York, 1939), pp. 63-64, where Dray- 
ton's letter is printed (from Treasury 1/501). 

II J. D. Schoepf, Travels in the Confederation (Philadelphia, 1911), II, 227-228. 

12 South Carolina and American General Gazette, December 24, 1773; cf. Georgia 
Gazette, March 18, 1767, May 3, 1769. 

13 Schoepf, II, 239; James Grant Forbes, Sketches of The Floridas (New York, 
1821), p. 134. 

14 "Memorial of several Owners of Lands in East Florida, and also of several Mer- 
chants of London trading to and from the said Province," to Hillsborough, n.d., 
received February 12, 1770, CO. 5/551, pp. 21-23. 

15 Dora Mae Clark in American Historical Review, XLV, 794, 795, nn. 88, 92; 
Council Minutes, December 26, 1770, CO. 5/571, p. 45 ; Grey Cooper to John Pownall, 
April 6, 1770, CO. 5/551, pp. 33-34; South Carolina and American General Gazette, 
June 22, 1770. 

16 See tables 1 and 2, Appendix I. 

17 See table 3, Appendix I, and tables in Adam Anderson, Origin of Commerce 
(London, 1801), Vol. IV, passim, and David Macpherson, Annals of Commerce, 
Manufactures, Fisheries, and Navigation (Edinburgh, 1805), Vol. Ill, passim. 

18 The naval officer's returns for St. Augustine constitute CO. 5/573 ; see also 
Andrews, Colonial Period, IV, 189 n. 3. The customs returns are in Customs 16/1. 

[191] 



192 University of California Publications in History 

19 See tables 4-8, Appendix I. 

20 CO. 5/573, passim. 

21 Leila Sellers, Charleston Business on the Eve of the American Revolution (Chapel 
Hill, 1934), pp. 3, 47, 58-59, 65-66, 74-78, 196-197 ; David D. Wallace, Laurens (New 
York, 1915), pp. 126, 137 seq. Henry Laurens' papers, which are in the possession of 
the South Carolina Historical Society at Charleston, contain letters from Laurens 
to persons in East Florida (letter to the author from the Secretary-Treasurer of the 
Society, December 21, 1939), and would undoubtedly furnish further information 
about the business connections of Charleston and East Florida. 

22 CO. 5/573. 

23 Tonyn to Germain, October 18, 1776, CO. 5/557, p. 1; Peter Force, American 
Archives, 4th ser., Ill (Washington, 1840), 837, IV (Washington, 1843), 329. 

24 CO. 5/573 ; Customs 16/1, passim; cf . Forbes, pp. 132-133. 

25 Macpherson, III, 370, 498; Beer, p. 218; Sellers, pp. 47, 54-55, 161-162; Lewis 
C Gray, Agriculture in Southern United States (Washington, 1933), I, 290-297. 
For East Florida's principal exports, see also Gray, 1, 110-115. 

26 See Grant to Hillsborough, October 1 and December 14, 1770, CO. 5/551, p. 165, 
CO. 5/552, pp. 17-18. 

27 See table in Gray, I, 293. 

28 Sellers, p. 167. 

29 Gray, I, 293 ; Macpherson, III, 514 ; Forbes, p. 133. 

30 Customs 16/1, pp. 131-135, 189-194, 233-238; Anderson, IV, 449; "Account of 
indigo ... of the growth and manufacture of East Florida in the year 1774 trans- 
mitted from the port of St. Augustine to Great Britain," CO. 5/555, pp. 101-103. 

31 Exports of Smyrna, 1768-1777, CO. 5/558, p. 106. 

32 Customs 16/1 as cited in n. 30 above; in 1773 Charleston exported over one million 
pounds (Anderson, IV, 449) ; cf. Sellers, pp. 166-167. 

33 Anderson, IV, 449. 

34 Exports from East Florida for 1775, 1776, 1777, 1778, CO. 5/559, pp. 457-469. 

35 Anderson, IV, 454-455. 

36 loid., p. 449. 

37 Forbes, p. 136 ; cf . Schoepf , II, 243. 

38 CO. 5/573, passim. 

39 Customs, 16/1, pp. 145-163. 

40 CO. 5/559, pp. 457-469; cf. Gray, 1, 114, 190. 

41 See for example Dartmouth HSS, II, 395. 

42 10 Geo. Ill, c. 31; 11 Geo. Ill, c. 39; 14 Geo. Ill, c. 67 [Owen Kuffhead], The 
Statutes at Large . . . , X, 754, XI, 231, XII, 126. Cf . Gray, I, 285 ; Macpherson, II, 
497, 555. 

43 CO. 5/559, pp. 457-469 ; Gray, I, 115, 280. 

44 South Carolina and American General Gazette, December 18, 1767; Scots Maga- 
zine, XXX (February, 1768) 104. 

45 Customs 16/1, pp. 131-135. 

46 Gray I, 193; J. F. D. Smyth, Tour in the United States (London, 1784), II, 23; 
Forbes, p. 59. 

47 Customs 16/1, pp. 131-135, 189-194, 233-238. 

48 CO. 5/559, pp. 457-469. 

49 See figures reproduced in Gray, I, 158-160, and Wilbur H. Siebert, Loyalists 
(DeLand, Florida, 1929), I, 67-69. 



Mowat: East Florida as a British Province, 1763-1784 193 

50 CO. 5/559, pp. 457-469. 

51 Tonyn to Shelburne, November 14, 1782, CO. 5/560, pp. 471-472 ; cf . Gray and 
Siebert, cited in n. 49 above, and Forbes, p. 133. 

52 See table 9, Appendix I. 

53 Tonyn to Germain, November 1, 1776, CO. 5/557, p. 42. 

54 See the particulars given in Gray, 1, 114, and Siebert, Loyalists, I, 67-69. 



NOTES TO CHAPTER VI 

Governor Tonyn and the "Inflamed Faction" 

1 Tonyn to Dartmouth, March 7, 1774, CO. 5/554, pp. 15-17. 

2 Wilbur H. Siebert, Loyalists (DeLand, Florida, 1929), I, 3; Appletons' Cyclo- 
paedia of American Biography (1889). Tonyn is not in the D.N.B. or the D.A.B. His 
portrait is reproduced as the frontispiece to Siebert, Loyalists, I. 

3 Council Minutes, March 22 and April 16, 1768, Audit Office 16/43, pp. 85, 96. 

4 Dartmouth MSS, II, 134. 

5 J. G. Forbes, STcetches of The Floridas (New York, 1821), p. 23 ; for their careers, 
see D.N.B., s.v. "Hugh Hume, third Earl of Marchmont," and "George Eose (1744- 
1818)." 

8 "Forms observed at the Publication of His Excellency Governor Tonya's Commis- 
sion," enclosed in Tonyn to Dartmouth, March 27, 1774, CO. 5/554, pp. 39-40; also 
in Council Minutes, CO. 5/571, pp. 102-103. 

7 Stuart took refuge in East Florida at the outbreak of the Eevolution, when he and 
his family were threatened in Charleston. He arrived at St. Augustine on June 21, 
1775, and resumed his seat at the Council, but by March 25, 1776, the "State of the 
Council" showed him absent with the army (Tonyn to Dartmouth, July 1, 1775, CO. 
5/555, p. 187; Council Minutes, July 10, 1775, CO. 5/571, p. 172; State of Council, 
March 25, 1776, CO. 5/556, p. 561). 

8 Peter Force, American Archives, 4th ser., Ill (Washington, 1840), 835-836. 

9 Turnbull's memorial to Board of Trade, September 19, 1776, London, CO. 5/546, 
pp. 49-51. 

10 William Drayton, "Inquiry" (L. of C manuscript), pp. 53-58. 

11 Ibid., p. 16. 

12 Tonyn to Germain, March 7, 1776, CO. 5/556, p. 293. 

13 Tonyn to Germain, July 3, 1779, CO. 5/559, p. 446. 

14 Tonyn to Germain, March 7, 1776, CO. 5/556, pp. 285-287. 

15 Drayton, "Inquiry," pp. 20-23 ; Council Minutes, October 3, 7, 8, 10, 1774, CO. 
5/571, pp. 117-124. 

18 Tonyn to Germain, March 7, 1776, CO. 5/556, pp. 287-289. 

17 Drayton, "Inquiry," pp. 15-16. 

18 Joseph Johnson, Traditions and Reminiscences chiefly of the American Eevolu- 
tion in the South (Charleston, 1851), pp. 328-329. 

19 Governor Tonya's proclamation, November 2, 1775, in CO. 5/556, pp. 133-138, 
and Georgia Gazette, November 15, 22, and 29, 1775. 

20 Forbes, pp. 23-24. 

21 Moultrie to Grant, October 4, 1775, Force, IV, 336-337. 

22 Journals of the Continental Congress, 1774-1789, Worthington C Ford, ed., Li- 
brary of Coagress (Washington, 1904 ), I, 101-103, II, 54. 

^Chester Martin, Empire and Commonwealth (Oxford, 1929), p. 76, n. 1, where 
the letter quoted, Dartmouth to Legge, May 4, 1774, ought surely to be dated 1773; 
cf. John B. Brebner, Neutral Yankees (New York, 1937), p. 245. 

24 Brebner, op. cit., passim, especially pp. 243 seq., and reviews of it by Chester 
Martin and Viola F. Barnes in Canadian Historical Review, XVIII (December, 
1937), 437-440, and American Historical Review, XLIII (January, 1938), 411-412; 
Chester Martin, Empire and Commonwealth, pp. 75-86; W. B. Kerr, "The Merchants 

[194] 



Mowat: East Florida as a British Province, 1763-1784 195 

of Nova Scotia and the American Kevolution," Canadian Historical Eeview, XIII 
(March, 1932), 20-36; Viola F. Barnes, "Francis Legge, Governor of Loyalist Nova 
Scotia, 1773-1776," New England Quarterly, IV (July, 1931), 420-447. 

25 Drayton, "Inquiry," p. 2. 

26 Wilfred B. Kerr, Bermuda and the American "Revolution : 1760-1783 (Princeton, 
1936), passim; Alfred L. Burt, Old Province of Quebec (Minneapolis, 1933), pp. 
200-247, especially pp. 229-230; Chester Martin, pp. 94-147. 

27 For two minor irritations in East Florida during the Bevolution, the status of 
the militia and the flogging of a militiaman for a minor offense, see Forbes, pp. 27-28. 
The history of East Florida and its loyalists has been written by Professor Siebert 
in his Loyalists of East Florida, Vol. I, which gives an account of the province from 
1774 to 1785. The subject is approached, however, from a viewpoint different from 
that taken for this study. 

28 Turnbull's defense before Board of Trade, CO. 5/546, p. 79. 
28 Force, III, 837. 

30 William Drayton, "An Inquiry . . ." is a manuscript volume in the Division of 
Manuscripts, Library of Congress. The title page bears the date 1778, a postscript is 
dated London, December, 1778, and another postscript following the Appendix (un- 
paged) is dated April, 1782. Though the title page is anonymous, the page imme- 
diately preceding it contains the legend : "An Inquiry &c. by W. Drayton." 

31 Ibid., title page. 

32 Ibid., p. 3. 

33 Drayton's defense before the Council, CO. 5/556, pp. 314-315; Drayton also sent 
an account of this affair to John Stuart, who transmitted it to Dartmouth, July 27, 
1775, CO. 5/76, pp. 269-286. Cf. Charles C Jones, History of Georgia (Boston, 1883), 
II, 112, 114, 144-146, 208. 

34 Wright to Tonyn, October 21, November 2 and 16, 1774, and other enclosures in 
Tonyn to Dartmouth, December 14, 1774, CO. 5/555, pp. 13-36; cf. Sioussat, "Break- 
down of Boyal Management of Lands," Agricultural History, III, 86, n. 34. 

35 Wright to Tonyn, n.d., in Council Minutes for January 21, 1775, CO. 5/556, pp. 
389-390. 

36 Tonyn to Drayton, December 18, 1774; papers given to Tonyn by Drayton, justi- 
fying his refusal of advice; enclosed in Tonyn to Dartmouth, December 30, 1774, 
CO. 5/555, pp. 53-73. 

37 Tonyn to Dartmouth, December 30, 1774, CO. 5/555, pp. 53-60; Tonyn's grounds 
of charges against Drayton, CO. 5/556, pp. 329-333 ; Council Minutes, December 26, 
1774, CO. 5/571, pp. 141-142. 

^Council Minutes, January 21, 1775, CO. 5/571, pp. 148-150; Tonyn's grounds 
of charges against Drayton, CO. 5/556, pp. 332-341; Bryan to Drayton, January 
11, 1775, ibid., p. 365. 

39 Bryan to Smith and Macqueen, n.d. [? January 14, 1775], CO. 5/556, p. 369. 

40 Council Minutes, January 21, 1775, CO. 5/571, pp. 148-150. 

41 Drayton's defense before the Council, CO. 5/556, pp. 320-321. 

42 Bryan to Smith and Macqueen, n.d., ibid., p. 369. 

43 Tonyn's grounds of charges against Drayton, ibid., pp. 334-341 ; Drayton to 
Tonyn, Tuesday, 8 o'clock [January 17, 1775], ibid., p. 373. 

44 Council Minutes, January 21, 1775, CO. 5/571, pp. 148-150. 

45 Dartmouth to Tonyn, May 3, 1775, CO. 5/555, p. 125. 

46 W. H. Drayton to William Drayton, July 4, 1775, ibid., pp. 255-256. 



196 University of California Publications in History 

47 Council Minutes, July 17, 18, and 19, 1775, CO. 5/556, pp. 390-395; Tonyn to 
Dartmouth, July 21, 1775, and enclosures, CO. 5/555, pp. 243-284; Drayton's de- 
fense before Council, CO. 5/556, pp. 321-322; Gage to Tonyn, September 12, 1775, 
Gage Papers, W.L.CL. 

48 Tonyn to Dartmouth, July 19, 1775, CO. 5/555, pp. 209-213 ; Gordon to Dart- 
mouth, July 26, 1775, ibid., pp. 167-174. 

49 Both Tonyn's and Gordon's accounts agree in putting the interview on July 18 
and the scene in the Council "next day"; however, the Council Minutes show that the 
latter occurred on the morning of the eighteenth, when the Council met at eleven. 

50 Tonyn to Dartmouth, July 19, 1775, and enclosures, CO. 5/555, pp. 209-225 ; 
Gordon to Dartmouth, July 26, 1775, ibid., pp. 167-174; Council Minutes, July 18, 
1775, CO. 5/571, p. 176. 

51 Presentments of the grand jury, and court order, June 21, 1775, CO. 5/556, pp. 
122-123, 126; Georgia Gazette, September 6 and 13, 1775. 

52 Drayton to Dartmouth, December 27, 1775, CO. 5/556, p. 44. 

53 Council Minutes, November 1, 1775, ibid., pp. 125-128 ; enclosed in Tonyn to 
Dartmouth, November 1, 1775, ibid., pp. 117-119. 

54 Council Minutes, December 21, 1775, CO. 5/571, pp. 186-187. 

55 Observations and address of grand jury, December 20, 1775, CO. 5/556, pp. 
53-59; Georgia Gazette, January 31, 1776; South Carolina and American General 
Gazette, March 8, 1776; Drayton's defense before Council, CO. 5/556, pp. 323-324. 

58 Drayton's argument against the Council's censure of him, November, 1775, en- 
closed in Drayton to Dartmouth, December 27, 1775, CO. 5/556, pp. 1-4, 15-51. 

57 Tonyn to Dartmouth, September 20, October 25, and November 1, 1775, CO. 
5/555, pp. 387-388, 475-486; CO. 5/556, pp. 117-119; affidavit of Thomas Gray, 
December 30, 1775, ibid., pp. 187-189, enclosed in Tonyn to Dartmouth, January 
11, 1776, ibid., pp. 183-185. 

58 Council Minutes, February 6, 1776, CO. 5/556, pp. 297-299. 

59 Council Minutes, February 12, 1776, ibid., p. 300. 

60 Tonyn's grounds of charges, ibid., pp. 329-341. 

61 Tonyn's remarks and observations, ibid., pp. 403-411, especially p. 405. 

62 Drayton's defense before Council, dated February 9, 1776, ibid., pp. 313-328. 

63 Council Minutes, February 13, 1776, ibid., pp. 301-305. 

64 Council Minutes, December 21, 1775, February 13 and 15, 1776, CO. 5/571, pp. 
186, 190, 193 ; Tonyn to Dartmouth, December 25, 1775, CO. 5/556, p. 175. 

65 Drayton, "Inquiry," p. 26. 

66 Mississippi Provincial Archives 1763-1766 (Nashville, 1911), I, 319 seq.; Burt, 
pp. 267-275. 

67 Tonyn to Germain, March 22, 1776, CO. 5/556, pp. 73-77. 

68 Advertisement, enclosed in Tonyn to Germain, April 2, 1776, ibid., p. 513. 

69 CO. 5/556, pp. 113-115. 

70 Tonyn to Germain, March 22, 1776, ibid., pp. 73-77; Turnbull to Tonyn, March 
15, 1776, ibid., pp. 89-93. 

71 Tonyn to Germain, March 22, 1776, ibid., pp. 73-74. 

72 Turnbull's defense before Board of Trade, CO. 5/546, p. 79. 

73 Signers of the address of February 27, 1776, CO. 5/556, pp. 113-115; the list 
is reproduced in Carita Doggett, New Smyrna (Florida, 1919), p. 118. 

74 Tonyn to Germain, March 22, 1776, CO. 5/556, pp. 73-76. 

75 Address of March 11, 1776, ibid., pp. 83-84, 101. 



Moivat: East Florida as a British Province, 1763-1784 197 

76 Tonyn to Turnbull, March 4, 1776, ibid., p. 463. 

77 Turnbull to Tonyn, March 15, 1776, ibid., pp. 89-93. 

78 Tonyn to Turnbull, March 18, 1776, ibid., pp. 97-100. 

79 Council Minutes, March 30, 1776, ibid., pp. 505-512. 

80 Ibid. 

81 Tonyn to Germain, April 2, 1776, CO. 5/556, pp. 495-498. 

82 Drayton to Germain, May 10, 1776, London, ibid., p. 61; Turnbull to Germain, 
May 10, 1776, London, ibid., p. 109. 

83 Jour. B. of T., 1776-1782, pp. 30, 33, 34; Drayton's petition and defense before 
Board of Trade, June 1, 1776, CO. 5/546, pp. 25-26, 29-44. 

84 The letters relating to the case and the dates of their receipt according to the 
endorsements are as follows: Letters from Tonyn to Dartmouth, December 14 and 30, 

1774, received April 19, 1775, CO. 5/555, pp. 13-16, 53-60; July 21 and 22, 1775, 
received November 30, 1775, ibid., pp. 243-248, 271-272; September 20 and October 
25, 1775, received December 11 and 20, 1775, ibid., pp. 387-389, 475-477; November 
1, 1775, received June 3, 1776, CO. 5/556, pp. 117-119; January 11, 1776, received 
June 3, 1776, ibid., pp. 183-185. Letters from Tonyn to Germain, March 7, 1776, 
duplicate sent May 19, 1776, received August 22, 1776, ibid., pp. 285-294 (enclosures, 
pp. 295-432) ; March 22, 1776, received May 10, 1776, ibid., pp. 73-77; April 2, 1776, 
received August 22, 1776, ibid., pp. 495-498. Drayton to Dartmouth, December 27, 

1775, received February 29, 1776, ibid., pp. 1-4. 

83 Cf . Chester Martin, Empire and Commonwealth, p. 142. 
88 A.P.C. Col., V, 503-504. 

87 Eepresentation of Board of Trade to King, June 10, 1776, CO. 5/556, pp. 221- 
226. 

88 Germain to Tonyn, June 14, 1776, ibid., pp. 232-235. 

89 Germain to Tonyn, November 6, 1776, ibid., pp. 696-697. 

90 Jour. B. of I., 1776-1782, p. 47. 

91 Turnbull's memorial to Board of Trade, September 19, 1776, London, CO. 5/546, 
pp. 49-51; cf. his memorial of December 6, 1776, ibid., pp. 53-54, which is similar 
but briefer. 

92 Turnbull's defense, CO. 5/546, pp. 77-85 ; Jour. B. of T., 1776-1782, pp. 57, 
69, 73. 

93 Jour. B. of T., 1776-1782, pp. 75, 76. 

94 Germain to Tonyn, April 14, 1777, CO. 5/557, pp. 115-121. 

95 Tonyn to Germain, September 8, 1776, CO. 5/556, pp. 763-765 ; Drayton to 
Tonyn, September 4, 1776, and Tonyn's reply of same date, ibid., pp. 775, 779; Coun- 
cil Minutes, September 4, 1776, CO. 5/571, p. 202. 

96 Drayton to William Knox, August 28, 1777, CO. 5/557, pp. 789-792. 

97 Tonyn's replication to Drayton's defense, CO. 5/558, pp. 534-535. 

98 Ibid., p. 535. 

99 Drayton's defense, ibid., pp. 332-333. 

ioo Tonyn's replication to Drayton's defense, ibid., p. 535. 

101 Letter enclosed in Tonyn to Germain, January 7, 1777, CO. 5/557, pp. 97-99. 

102 Tonyn to Germain, January 30, 1777, ibid., pp. 123-125, enclosing Drayton's 
opinion in court, January 6, 1777, ibid., pp. 127-133. 

103 Petition of Jermyn Wright to Tonyn, March 8, 1777, CO. 5/557, pp. 229-241. 

104 Memorial of George Osborne to Tonyn, January 14, 1777, St. Augustine Goal, 
CO. 5/557, pp. 221-226. 



198 University of California Publications in History 

105 Osborne's deposition, December 16, 1777, CO. 5/558, pp. 577-579. 

106 Drayton's defense, ibid., pp. 348-354. 

107 Tonyn to Germain, March 9, 1777, CO. 5/557, pp. 205-217. 

108 Germain to Tonyn, April 2, 1777, ibid., pp. 111-112. 

109 Tonyn to Germain, May 8, 1777, ibid., pp. 417-423. 

110 Lt. Col. Brown to Tonyn, December 12, 1777, CO. 5/558, pp. 179-180 ; deposi- 
tion of Captain James Moore of the Eangers, December 16, 1777, ibid., p. 549. 

m Tonyn to William Knox, September 20, 1777, CO. 5/557, p. 798; Tonyn to 
Drayton, November 28 and December 9, 1777, CO. 5/558, pp. 508-509, 510. 

112 Drayton's defense, CO. 5/558, pp. 342-347, and letters between Drayton and 
Fuser, ibid., pp. 528-531. 

113 Tonya's replication, ibid., pp. 538-539. 

rLi Deposition and answers of Lt. Col. Eobert Bisset, December 16, 1777, ibid., pp. 
564-568 ; cf . statements, depositions, and answers of Alexander Gray, Bobert Payne, 
James Penman, December, 1777, ibid., pp. 555-558, 558-559, 559-563; and Drayton, 
"Inquiry," pp. 43-51, xix-xxviii. 

U5 Tonyn to Drayton, November 28, 1777, CO. 5/558, pp. 508-509. 

113 Drayton's defense, ibid., pp. 333-339. 

117 Anonymous publication, CO. 5/558, pp. 585-587. 

118 Drayton, "Inquiry," pp. 33-39, and Appendix, passim. 

119 Enclosures in Tonyn to Germain, January 19, 1778, CO. 5/558, pp. 177-210; 
also the papers bearing on the case, ibid., pp. 503-614. 

120 Tonyn to Drayton, November 28, 1777, ibid., pp. 508-509. 

121 Drayton's defense and Tonya's replication, ibid., pp. 329-367, 533-540. 

122 Council Minutes, December 11, 13, 15, and 16, 1777, ibid., pp. 603-614. 

123 Address of some of the grand jurors to Tonyn, December 24, 1777, and their 
relation of events, ibid., pp. 203, 207-210. 

124 Address of inhabitants and refugees to Tonyn, ibid., pp. 595-600. 
325 Tonyn to Germain, January 19, 1778, ibid., pp. 167-175. 

128 Germain to Tonyn, April 3, 1778, ibid., p. 218 ; Jour. B. of T., 1776-1782, pp. 181- 
182. 

w IUd.,^.l%2. 

^Drayton to Knox, December 18, 1777, CO. 5/557, pp. 325-328; Siebert, Loyal- 
ists, I, 65, II, 40. 

129 Drayton, "Inquiry," p. 29. 

130 Jour. B. of T., 1776-1782, pp. 185-188, 191. 

131 D.A.B.; Siebert, Loyalists, II, 317. 

132 Spanish Land Grants in Florida, Vol. I, Unconfirmed Claims (Tallahassee, 1940), 
pp. 80-81. 

133 Tonyn to Clinton, May 27, 1780, Amer. MSS, II, 127-128. 
1Si Amer. MSS, II, 38-40. 

135 Gazette of State of South Carolina, March 17, 1779; Siebert, Loyalists, II, 361. 
138 Eoyal Gazette [S.C], August 22, 1781, February 9, 1782; South Carolina Gazette 
and Public Advertiser, June 12, 1784. 

137 Siebert, Loyalists, II, 320. 

138 Among Treasury Solicitor Papers, 3662 (East Florida Claims) in Public Eecord 
Office: Charles M. Andrews, Guide to . . . P.B.O. (Washington, 1912, 1914), II, 269. 

139 Siebert, Loyalists, II, 17 n. 15, 307-308, 320. 



Mowed: East Florida as a British Province, 1763-1784 199 

140 Tonyn to William Knox, September 26, 1778, CO. 5/558, pp. 484-485, enclosing 
Turnbull to Tonyn, August 7, 1778, Tonyn to Turnbull, August 11, 1778, ibid., pp. 
558, 491-492. 

141 Tonyn's chancery writ against Turnbull, February 17, 1780, enclosed in Turn- 
bull to Shelburne, March 16, 1782, Shelburne Papers, W.L.C.L., Vol. LXVI, fol. 701; 
cf. Drayton, "Inquiry," postscript (unpaged). 

142 Tonyn to Germain, July 25, 1781, CO. 5/560, pp. 289-290 ; Cowan's declared 
account, 1782-1787, Audit Office 1, bundle 1261, roll 151. 

143 Turnbull to Shelburne, March 14, 1780, St. Augustine; to Germain, March 16, 
1780, St. Augustine; to Shelburne, March 25, 1780, St. Augustine; to Germain, 
June 13, 1781, Charleston; to Shelburne, July 31 [1781], Charleston; to Shelburne, 
July 3, 1782 (with memorial of same date), July 7 and December 6, 1782, all from 
Charleston: Shelburne Papers, W.L.C.L., Vol. LXVI, fols. 689, 693-697, 709-712, 
745-748, 753-756, 725-732, 749-752, 757-760. 

144 D.A.B.; Siebert, Loyalists, II, 327. 



NOTES TO CHAPTER VII 

"A LITTLE DIRTY PETITTE GUERRE" 

1 Siebert, Loyalists in East Florida (DeLand, Florida, 1929), I, 21-22; Georgia 
Gazette, September 6 and 13, 1775. 

2 Gage to Major Furlong, May 15, 1775, Gage to Tonyn, May 15, 1775, Tonyn to 
Gage, July 17, 1775, Gage Papers, W.L.C.L.; Tonyn to Dartmouth, July 21 and Sep- 
tember 15, 1775, and enclosures, CO. 5/555, pp. 227, 341-383; Furlong to Gage, 
October 5, 1775; Peter Force, American Archives, 4th ser., IV (Washington, 1843), 
319: Tonyn to Gage, September 14 and 20, 1775, Hid., Ill (1840), 703-705, 745; 
Dunbar in Eichard B. Morris, Era of the American Revolution (New York, 1939), 
pp. 243-247. 

3 Monthly returns, and "State of 14th Eegiment," August-October, 1775, in Force, 
IV, 321-327. 

4 Tonyn to Dartmouth, December 24, 1775, 0.0. 5/556, p. 169; Clarence E. Carter, 
Gage Correspondence (New Haven, 1931, 1933), I, 397. 

5 Germain to Tonyn, December 23, 1775, CO. 5/555, pp. 487-491; Tonyn to Ger- 
main, April 22, 1776, CO. 5/556, p. 565; return of troops, September 8, 1776, ibid., 
p. 799; Lewis Butler, The Annals of the King's Royal Rifle Corps, I (London, 1913), 
208-209, 298, 361-362, 368. 

6 Butler, I, 303 ; Amer. MSS, I, 157, 202. 

7 Butler, I, 209. 

8 Amer. MSS, II, 77. 

8 Beturn of troops in East Florida, May 1, 1780, CO. 5/559, p. 683. 

10 Butler, I, 323-327; D.N.B., s.v. "Sir George Prevost"; Appletons' Cyclopaedia 
of American Biography (New York, 1888-1889). Augustine Prevost lived from 1723 
to 1786. 

11 Amer. MSS, 1, 100, 108. 

12 Ibid., II, 85, 87, for Fuser's death. 

13 Ibid., pp. 88, 496. 

14 Ibid., Ill, 149. 

15 Ibid., II, 348. 

16 Ibid., Ill, 327, IV, 247. McArthur was appointed brigadier general in January, 
1783. 

17 Council Minutes, February 2 and 6, 1776, CO. 5/571, pp. 188-189. 

18 Council Minutes, March 30, 1776, ibid., p. 194. 

19 Council Minutes, August 15 and 16, 1776, ibid., p. 201; the proclamation is given 
in the appendix to The Case of the Inhabitants of East-Florida (St. Augustine, 
1784), p. 21. 

20 Tonyn to Germain, August 21, 1776, CO. 5/556, pp. 743-744; Case of Inhabi- 
tants, p. 4. 

21 Amer. MSS, IV, 97. 

22 Case of Inhabitants, Appendix, pp. 23-24. 

23 Siebert, Loyalists, I, 25-26, II, 323-325; Charles C Jones, History of Georgia 
(Boston, 1883), II, 448-449, 459-460, 474-476; Amer. MSS, I, 198, 244, III, 322. 

24 Siebert (Loyalists, I, 26, II, 328-329), describes MeGirtt as a member of the 
Bangers, but other references suggest that he headed a body of men who were largely 
independent and who devoted themselves in good measure to pillage in the South: 

[200 ] 



Mowat: East Florida as a British Province, 1763-1784 201 

see Joseph Johnson, Traditions and Reminiscences (Charleston, 1851), pp. 172-174; 
Amer. MSS, II, 112, 114; Butler, I, 304. 

25 Tonyn to Prevost, December 24, 1777, CO. 5/558, pp. 29-30; Prevost to Howe, 
November 1, 1777, Amer. MSS, 1, 148. 

28 Council Minutes, July 17, 1775, containing circular letter from Dartmouth, April 
15, 1775, CO. 5/571, p. 174. 

27 Prevost to Tonyn, July 4, 1777, CO. 5/557, pp. 563-565 ; Amer. MSS, I, 148, 302. 

28 Tonyn to Prevost, July 5, 1777, CO. 5/557, pp. 567-570. 

29 Prevost to Tonyn, December 20, 1777, CO. 5/558, pp. 25-27. 

30 Tonyn to Prevost, December 24, 1777, ibid., pp. 30-34. 

31 Tonyn to Germain, December 29, 1777, ibid., p. 102 ; Tonyn to Howe, February 
24, 1778, Amer. MSS, I, 197-199, cf . p. 305. 

32 Memoirs of Major Patrick Murray in Butler, I, 302. 

33 Amer. MSS, I, 223, 302, cf . pp. 119, 216, 271. 

34 Stanley M. Pargellis, Lord Loudoun in America (New Haven, 1933), pp. 86-93. 

35 Amer. MSS, I, 242-244, 234, 258; Tonyn to Germain, May 1, 1778, and enclosures, 
CO. 5/558, pp. 295-310. 

36 Prevost to Tonyn, July 20, 1778, Tonyn to Prevost, July 21, 1778, enclosed in 
Tonyn to Germain, July 24, 1778, CO. 5/558, pp. 415-426. 

37 Germain to Tonyn, March 3, 1779, CO. 5/559, pp. 85-87. 

38 Amer. MSS, I, 448, 483, III, 322-323. 

39 Ibid., I, 239, 258, 260, 261, 274, 282, 304, III, 322; Siebert, Loyalists, I, 52-53; 
Butler, I, 303. 

40 Siebert (Loyalists, I, 54-56), and Samuel A'C Ashe (History of North Carolina, 
I [Greensboro, N. C, 1925; first published 1908], 579, 594), say that this corps was 
formed in East Florida, though this statement is not borne out by Amer. MSS. 

41 Siebert, Loyalists, I, 54; Jones, II, 287; Johnson, Traditions and Reminiscences, 
p. 45. 

42 Tonyn to Germain, July 19, 1776, CO. 5/557, pp. 184-187; Amer. MSS, I, 197, 
225. 

43 Tonyn to Dartmouth, December 18, 1775, CO. 5/556, pp. 141-146. 

44 Amer. MSS, I, 56, 119, 211. 

45 Tonyn to Dartmouth, December 18, 1775, CO. 5/556, pp. 144-145; cf. Force, 
IV, 332-333; Tonyn to Germain, May 5, 1777, CO., 5/557, p. 407, and enclosures in 
Tonyn to Germain, September 18, 1777, ibid., pp. 598-710; Amer. MSS, I, 197. 

46 Helen L. Shaw, British Administration of Southern Indians (Lancaster, 1931), 
pp. 45-47, 126-127; Indian affairs in the South during the war are well described by 
Shaw, pp. 84 seq. Cf. Amer. MSS, I, 240, 251. 

47 Tonyn to Germain, March 28, 1779, CO. 5/559, pp. 140-141. 
iS Ibid.; Amer. MSS, II, 130, 131. 

49 Amer. MSS, II, 152. 

60 Drayton, "Inquiry," pp. 49-51. 

51 Parliamentary History, XIX (London, 1814), 694-708. 

62 Shaw, pp. 141-142 ; Amer. MSS, I, 403, 414, 424, 427, 455, II, 39, 130, 359. 

53 Tonyn to Dartmouth, August 24, 1775, CO. 5/555, pp. 323-326 ; Council Minutes, 
May 20 and September 5, 1776, CO. 5/571, pp. 199, 202-203; Tonyn to Germain, 
July 18, August 15, November 27, 1776, May 5, 1777, CO. 5/556, pp. 703-705, 5/557, 
pp. 165-170, 63-64, 406; Tonyn's memorial to Treasury, July 19, 1777, CO. 5/557, p. 
525; Tonyn to Germain, April 28, 1778, CO. 5/558, pp. 252-253; Tonyn's charges 



202 University of California Publications in History 

and certificates of provisions issued to the provincial navy, CO. 5/559, pp. 159-166 ; 
Amer. MSS, I, 251, 293. 

54 Germain to Tonyn, March 3, 1779, CO. 5/559, pp. 85-87. 

55 Tonyn to Germain, July 3, October 1, and December 23, 1779, ibid., pp. 444, 373- 
374, 559-561; Tonyn to Arbuthnot, June 6, 1780, CO. 5/560, p. 5; Tonyn to Corn- 
wallis, August 18, 1780, ibid., pp. 13-15. 

56 Tonyn to Germain, January 26, March 20, April 29, 1778, July 3, 1779, CO. 
5/558, pp. 115-116, 227, 280-281, CO. 5/559, p. 444; Butler, I, 303; Amer. MSS, I, 
226; references in Gazette of State of South Carolina during 1777, 1778, and 1779, 
and in Gazette of State of Georgia in 1783. 

57 Tonyn's declared account, Audit Office 1, bundle 1261, roll 148 ; sundry accounts 
transmitted by Tonyn in his letters to Germain, CO. 5/557-560, passim. 

58 Tonyn to Dartmouth, October 24, 1775, and enclosures, CO. 5/555, pp. 435, 439, 
443 ; Tonyn to Germain, May 19, 1776, CO. 5/556, pp. 594-595. 

59 Amer. MSS, I, 58, 223, 261. 

80 Fuser to Clinton, September 25, 1779, and postscripts of October 2 and 24, 
Amer. MSS, II, 38-39; cf., ibid., pp. 37, 40, 54. 

61 Ibid., p. 64. 

62 Tonyn to Germain, December 23, 1779, May 31, 1780, Clinton to Tonyn, March 8, 
1780, Tonyn to Clinton, May 6, 1780, CO. 5/559, pp. 561, 601, 607, 635. 

83 Notes of John Campbell, commanding engineer, on his manuscript "Sketch of 
St. Augustine Harbour &c," February 28, 1780, in Map Collection, W.L.C.L. (Clinton 
MSS, No. 336). 

84 Tonyn to Germain, December 9, 1780, CO. 5/560, pp. 103-105 ; Amer. MSS, I, 
258, 276, 293, 303-304, 449, II, 86, 129 and passim, III, 35. 

85 Tonyn to Germain, March 5 and 21, 1781, CO. 5/560, pp. 192, 240. 

88 Tonyn to Germain, December 31, 1781, ibid., p. 380. The various lines are shown 
in a modern sketch map in Verne E. Chatelain, Defenses of Spanish Florida (Wash- 
ington, 1941), map 22; on the other hand, I have not found any evidence that the 
line and redoubts on the south and west sides of St. Augustine were actually con- 
structed during the British regime, though they are shown in an unidentified British 
map of St. Augustine, dated 1782, in the Library of Congress (see Chatelain, p. 163, 
n. 59, and Woodbury Lowery, Descriptive List of Maps of the Spanish Possessions 
within the Present Limits of the United States, 1502-1820, ed. Philip Lee Phillips 
[Washington, 1912], p. 405). 

67 Siebert, Loyalists, 1, 114 (portrait opposite p. 152) ; Amer. MSS, III, 220. 

88 Amer. MSS, I, 276, 293; Tonyn to Germain, July 3, 1779, CO. 5/559, p. 453; 
Germain to Tonyn, January 19, 1780, ibid., p. 479. 

69 Council Minutes, February 2 and May 20, 1776, CO. 5/571, pp. 187-188, 197-199. 

70 Amer. MSS, I, 58, 107, 223, 293. 

71 Ibid., pp. 272-273. 

72 Tonyn to Clinton, April 17, 1780, CO. 5/559, p. 632. 

73 Amer. MSS, II, 38-39, 53. 

74 Tonyn to Amherst, January 19, 1778, CO. 5/558, pp. 471-476; letter of Fuser 
and cosignatories, December 3, 1777, ibid., p. 531 ; Amer. MSS, I, 222-223. 

75 Tonyn to Germain, December 31, 1781, CO. 5/560, pp. 377-378. 

76 Tonyn to Carleton, November 13, 1782, Amer. MSS, III, 220; Tonyn to Shel- 
burne, November 14, 1782, CO. 5/560, pp. 472-473. 

77 Amer. MSS, II, 345, 426. 



Mowat: East Florida as a British Provi?we, 1763-1784 203 

" 8 Ibid., 1, 273. 

79 See Tonyn's many letters in Amer. MSS, passim. 

80 The principal sources for the military operations which affected East Florida are 
Tonyn's dispatches in CO. 5/556 seq., and the letters of Tonyn, Prevost, and other 
officers in East Florida, and the replies from headquarters at New York and else- 
where in Historical Manuscripts Commission, Eeport on American Manuscripts in 
the 'Royal Institution of Great Britain (London, etc., 1904-1909). The manuscripts 
here calendared were originally in the possession of Maurice Morgann, General 
Carleton's secretary, and are the headquarters papers of the successive British com- 
manders in chief in America during the Eevolutionary War, Sir "William Howe, Sir 
Henry Clinton, and Sir Guy Carleton; more than half, however, belong to the years 
1782-1783 (ibid., Vol. I, Intro., pp. v-ix). They correspond, therefore, to the Gage 
Papers for the earlier period. Butler (Annals of the King's Royal Rifle Corps, Vol. 
I), prints, in addition to an account of the exploits of the 60th Regiment in the South, 
the memoir of Major Patrick Murray of the 60th, which gives a somewhat indistinct 
version of the operations as far as the year 1779 (Appendix II, pp. 288-319). Ac- 
counts of the campaigns are given in Siebert, Loyalists, Vol. I ; Burton Barrs, East 
Florida in the American Revolution (Jacksonville, 1932) ; Edgar L. Pennington, 
"East Florida in the American Revolution, 1775-1778," F.E.Q., IX (July, 1930), 
24-46 ; Benson J. Lossing, The Pictorial Field-Boole of the Revolution, II (New York, 
1852), 728-730; Charles F. Jenkins, Button Gwinnett (New York, 1926) ; Jones, His- 
tory of Georgia, Vol. II; Edward McCrady, The History of South Carolina in the 
Revolution (two vols.: 1775-1780, 1780-1783; New York, 1901, 1902), passim; Al- 
bert Manucy and Alberta Johnson, "Castle St. Mark and the Patriots of the Revolu- 
tion," F.H.Q., XXI (July, 1942), 3-24. 

81 Journals of the Continental Congress (Washington, 1904 ) , IV, 15. 

82 Siebert, Loyalists, I, 41-44: ; Jones, II, 248-250; Council Minutes, CO. 5/571, 
pp. 202-204. 

83 Siebert, Loyalists, I, 38-40; Amer. MSS, I, 58; Tonyn to Germain, July 18, 
August 15, August 26, September 8, October 18, 1776, CO. 5/556, pp. 703-705, 747- 
749 and enclosures, 783-785, CO. 5/557, pp. 2-3, 165-170 ; Council Minutes, CO. 
5/571, pp. 199-201. 

84 Siebert, Loyalists, I, 44-45 ; Jones, II, 260-263 ; Tonyn to Germain, April 2, 
1776, and 22 enclosures, CO. 5/557, pp. 257-358; Butler, I, 299-302. Butler gives 
the number of regulars as seventy-three. 

85 Case of Inhabitants, Appendix, p. 22. 

88 Siebert, Loyalists, I, 45-47; Jones, II, 264-272; McCrady, South Carolina in 
Revolution, 1775-1780, pp. 321 seq.; Butler, I, 302-303 (Major Murray's memoir) ; 
Tonyn to Germain, May 5 and June 16, 1777, and enclosures, CO. 5/557, pp. 405-408, 
481-496; Tonyn's circular letter to planters on the St. John's, CO. 5/558, pp. 574- 
576; Amer. MSS, 1, 120, 198; Jenkins, Button Gwinnett, pp. 131-154, 215-221. 

87 Amer. MSS, 1, 197-199, 227-228. 

88 Journals of the Continental Congress, X, 159, 163, 165, 179. 

89 Case of Inhabitants, Appendix, pp. 22-23. 

90 Siebert, Loyalists, I, 50-51; Jones, II, 289-291; Amer. MSS, I, 209, 216, 221, 
224; Tonyn to Germain, March 20, 1778,_ CO. 5/558, pp. 226-229. 

81 Tonyn to Germain, April 28, 1778, and enclosures, CO. 5/558, pp. 251-275; cf. 
Tonyn to Germain, March 20, 1778, ibid., p. 226, and Amer. MSS, I, 221. 

92 Siebert, Loyalists, I, 57-60; Jones, II, 288-303; Butler, I, 304-305 (Major Mur- 



204 University of California Publications in History 

ray's account seems inaccurate as to figures and dates, however) ; Tonyn to Germain, 
July 3, 1778, and enclosures, July 24, 1778, CO. 5/558, pp. 375-376, 381-389, 411- 
414; Amer. MSS, I, 259-261, 271-273, 275-276. British naval cooperation in the 
military engagements in July and August, 1778, is described in a series of letters to 
and from Captain Keith Elphinstone (subsequently Admiral Viscount Keith) in 
Navy Eecords Society, Publications, Vol. LXII, The Keith Papers, ed. W. G. Perrin, 
I (London, 1927), 95-134. For Keith, see D.N.B., s.v. "George Keith Elphinstone 
(1746-1823)." 

93 See, for example, Amer. MSS, 1, 197-199, 225, 271-273. 

94 Siebert, Loyalists, I, 71; Amer. MSS, I, 314, 323, 339. For this and subsequent 
events in the war in the South, see Edward Channing, "The War in the Southern De- 
partment," in Justin Winsor, ed., Narrative and Critical History of America, Vol. VI, 
pt. ii (Boston, 1887) , pp. 469-555 ; Hon. J. W. Fortescue, British Army, III (London, 
1911), 276 seq. : McCrady, South Carolina in devolution, 1780-1783, passim. 

95 Siebert, Loyalists, I, 71-74; Jones, II, 304-333; Butler, I, 209 seq., 306-311; 
Tonyn to Germain, December 19, 1778, March 28, 1779, 0.0. 5/559, pp. 78, 139-142; 
Tonyn to Knox, March 29, 1779, and enclosures, ibid., pp. 171-245. 

96 Kathryn T. Abbey, "Spanish Projects for the Keoccupation of the Floridas dur- 
ing the American Bevolution," Hispanic American Historical Review, IX (August, 
1929), 265-285; Amer. MSS, Vol. II, Introduction, p. v, and text, passim; John W. 
Caughey, Bernardo de Galvez in Louisiana, 1776—1783 (Berkeley, 1934), especially 
pp. 149 ff.; Cecil Johnson, British West Florida (New Haven, 1943), pp. 200-219. 

97 This paragraph is based on Kathryn T. Abbey, "Efforts of Spain to Maintain 
Sources of Information in the British Colonies before 1779," Mississippi Valley His- 
torical Review, XV (June, 1928), 56-68. 

98 Tonyn to Germain, November 29 and December 23, 1779, CO. 5/559, pp. 552, 560. 

99 Amer. MSS, II, 115, 238, 380. 

100 Caughey, pp. 243-247. 

ioi Yqt brief accounts of this incident, see Sidney Lanier, Florida (Philadelphia, 
1876), pp. 54-55; Charles B. Beynolds, Old St. Augustine (St. Augustine, 1885), 
p. 97; Lossing, II, 748, 768; William W. Dewhurst, St. Augustine (New York, 1881), 
pp. 123-125 ; McCrady, South Carolina in Revolution, 1775-1780, pp. 715-726, 1780- 
1783, pp. 371-377. Accounts more nearly contemporary are in David Bamsay, History 
of South Carolina (Charleston, 1809), I, 370-374, II, 461-463; Johnson, Traditions 
and Reminiscences, pp. 42, 217, 267-268, 316-324; Alexander Garden, Anecdotes of 
the Revolutionary War in America (Charleston, 1822), pp. 160-173, 200 ; idem, Anec- 
dotes of the American Revolution, 2d ser. (Charleston, 1828), pp. 227—230; Albert 
Manucy and Alberta Johnson, F.H.Q., XXI, 14-23. 

102 Figures and names in Garden, Anecdotes [1st ser.], p. 165 ; Bamsay, I, 370-373 ; 
return in CO. 5/560, pp. 115-117; Johnson, pp. 317-319; respectively. 

103 Johnson, Traditions and Reminiscences, p. 320. 



NOTES TO CHAPTER VIII 

An Assembly at Last 

1 Tonyn to Germain, July 3, 1779, CO. 5/559, pp. 445-450. 

2 Tonyn to Dartmouth, July 1, 1775, 0.0. 5/555, p. 187; Peter Force, American 
Archives, 4th ser., IV (Washington, 1843), 318-319, 337-340. 

3 Enclosed in Tonyn to Germain, June 20, 1776, CO. 5/557, pp. 153-157; cf. 
Wilbur H. Siebert, Loyalists (DeLand, Florida), I, 39. 

4 Enclosed in Tonyn to Germain, November 1, 1776, CO. 5/557, pp. 43-46. 

5 Tonyn to Germain, May 1, 1782, CO. 5/560, pp. 421-423 ; Amer. MSS, III, 163. 

6 Tonyn to Germain, July 3, 1779, CO. 5/559, p. 447. In general, see Siebert, Loyal- 
ists, I, 25-61, passim. 

7 A.P.C.Col.,Y, 452-453. 

8 Siebert, Loyalists, I, 117, II, 267; James Grant Forbes, Sketches of The Floridas 
(New York, 1821), p. 46. 

9 Tonyn's declared account, Audit Office 1, bundle 1261, roll 148. 

10 State of Council, September 21, 1775, CO. 5/555, p. 459. 

11 State of Council, June 25, 1776, CO. 5/557, p. 177; Tonyn to Germain, December 
18, 1778, CO. 5/559, pp. 65-66. 

12 Tonyn to Germain, January 8, 1779, CO. 5/559, pp. 101-102. 

13 Germain to Tonyn, March 3, 1779, ibid., p. 90 ; State of Council, May 1, 1780, 
ibid., p. 597. 

14 Tonyn to Townshend, February 3 and 5, 1783, CO. 5/560, pp. 511-512, 515-516; 
Siebert, Loyalists, I, 48. 

15 Forbes stated that his successor as judge of the court of vice admiralty had re- 
ceived £2,000 from the office (presumably in legitimate fees) : see Forbes to Tonyn, 
June 28, 1779, CO. 5/559, p. 528. For one case in 1778-1779, that of the sloop Nuestra 
Senora Del Carmen, Captain Lassus, see CO. 5/559, pp. 387-432; for a case in 1783, 
see A.P.C. Col., V, 547. 

16 See state of Council, December 24, 1782, CO. 5/560, p. 501. The Council journals 
are missing from September 20, 1776, to October 7, 1780, and after November 16, 
1781; the journal extant for the intervening period is in CO. 5/572, along with the 
journal of the first Assembly. 

17 Tonyn to Germain, July 3, 1779, CO. 5/559, pp. 445-450 ; cf . extracts of three 
undated letters of Tonyn to Germain of 1780 and 1781 in Forbes, pp. 34-46. 

18 Germain to Tonyn, January 19, 1780, CO. 5/559, pp. 482-495 ; Germain to Board 
of Trade, January 19, 1780, Board of Trade to King, February 3, 1780, ibid., pp. 
497-504. For the general instructions regarding general assemblies, see Leonard W. 
Labaree, Royal Instructions (New York, 1935), I, 112-113, 121, 127-129, 131-133, 
145-146, 154-155. 

19 Tonyn to Germain, December 9, 1780, CO. 5/560, pp. 101-102. 

20 Council Minutes, February 15, 1781, CO. 5/572, p. 67. 

21 Writ in Commons Journal, pp. 1-3, CO. 5/572. The Journals of the Upper and 
Commons houses of the first Assembly are in CO. 5/572. That of the Upper House 
is ibid., pp. 1-124 ; that of the Commons has its own pagination and is therefore cited 
as shown here. 

22 Tonyn to Germain, July 30 and December 31, 1781, CO. 5/560, pp. 247-249, 
379-380. 

[205] 



206 University of California Publications in History 

23 Commons Journal, p. 12, CO. 5/572 ; memorial of Brown to North, June 8, 1783, 
CO. 5/560, pp. 645-647. 

24 Tonyn's speech, and the addresses of the two houses, and his replies are in CO. 
5/572, pp. 3-7, and Commons Journal, pp. 21-24, CO. 5/572; also in The Case of the 
Inhabitants of East-Florida (St. Augustine, 1784), pp. 24 seq., and in Boyal Georgia 
Gazette, June 21 and 28, 1781. 

25 For the procedure of colonial assemblies in general, see A. Berriedale Keith, First 
British Empire (Oxford, 1930), pp. 233-242, and Mary P. Clarke, "Parliamentary 
Privilege in the American Colonies," in Essays in Colonial History Presented to 
Charles McLean Andrews by His Students (New Haven, 1931), pp. 124-144. For 
East Florida's assembly, see Siebert, Loyalists, I, 91-100. 

26 CO. 5/624, pp. 1-14. 

27 Commons Journal, pp. 55-57, May 21, 1781, CO. 5/572. 

28 W. Eoy Smith, South Carolina as a Boyal Province (New York, 1903), pp. 143- 
145; Charles C Jones, History of Georgia (Boston, 1883), I, 479-484. 

29 Commons Journal, pp. 109-114, CO. 5/572. 

30 Upper House Journal, CO. 5/572, pp. 81-92. 

31 Ibid., August 29-September 4, 1781, pp. 95-102. 

32 Ibid., September 10-17, 1781, pp. 103-108. 

33 Ibid., October 17-19, pp. 111-117; Commons Journal, pp. 135-141, CO. 5/572, 
October 17-19; Case of Inhabitants, pp. 24 seq. 

34 Upper House Journal, CO. 5/572, pp. 111-124; Commons Journal, pp. 133-153, 
CO. 5/572. 

35 Board of Trade to Tonyn, February 22, 1782, CO. 5/564, pp. 2-7; Jour. B. of T., 
1776-1782, pp. 454-455; cf. T. Townshend to Tonyn, September 11, 1782, CO. 5/566, 
pp. 219-220. 

86 Tonyn to Board of Trade, November 30, 1781, CO. 5/547, p. 25. The journals of 
this second Assembly are not among the East Florida papers in the Public Record 
Office (CO. 5/540-573), so that only particulars gleaned from elsewhere can be given. 

37 Tonyn's speech at the prorogation, January 25, 1783, CO. 5/547, pp. 27-30. 

38 Case of Inhabitants, pp. 52-57. 

39 Tonyn's speech, addresses of both houses, his replies, January 21-25, 1782, CO. 
5/560, pp. 347-364; Case of Inhabitants, pp. 24 seq. 

40 Case of Inhabitants, pp. 44-48; Amer. MSS, II, 527-529, 531, III, 73 ; CO. 5/560, 
pp. 439-451, 765-778. 

41 Case of Inhabitants, pp. 49-54; CO. 5/560, pp. 591-613. Cf. the address of the 
principal inhabitants to Tonyn, June 6, 1783, ibid., pp. 625-629, reproduced in 
F.H.Q., VIII (January, 1930), 169-173. 

42 Amer. MSS, IV, 358. 

43 See Appendix II. 

44 Text in East-Florida Gazette, March 1, 1783. 

45 CO. 5/624, pp. 44-53. 
48 Ibid., pp. 54-63. 

47 T. Townshend to Tonyn, September 11, 1782, CO. 5/566, pp. 217-218; additional 
instruction to Tonyn, August 31, 1782, ibid., pp. 214-216; cf. Labaree, Boyal In- 
structions, I, 340 ; A.P.C. Col., V, 321, VI, 596. 

48 Tonyn to T. Townshend, February 7, 1783, CO. 5/560, p. 520. 

49 Case of Inhabitants, pp. 53-57. 



NOTES TO CHAPTER IX 

"Great Expectations" and "Bleak House" 

1 Amer. MSS, II, 407. 

2 Edward Channing, History of the United States, III (New York, 1912), 346-347 
and 347 n. 1. Particulars of the British evacuation of all but the northerly parts of 
North America in the years between 1782 and 1785 are hard to find, and it would seem 
that the whole subject offers a field for new research and investigation. 

3 Amer. MSS, II, 477. 
i Ibid., pp. 494-495. 

5 Ibid., 527-531; Tonyn to Welbore Ellis, June 20, 1782, and enclosures, CO. 5/560, 
pp. 435-451. 

6 Amer. MSS, II, 513, 524-525. 

7 Ibid., pp. 500, 546, III, 19, 35, 45-46. Cf . on this whole subject Wilbur H. Siebert, 
Loyalists (DeLand, Florida, 1929) , 1, 101-105. For Elphinstone, see above, p. 204, n. 92. 

8 Amer. MSS, III, v, 11, 28, 64-65, 149, 228 and passim. 

9 Tonyn to Germain, May 1, 1782, CO. 5/560, pp. 421-423. 

10 Amer. MSS, III, 163-164. 
"-I&wL.pp. 193, 220. 

12 CO. 5/560, p. 477. 

13 Ibid., p. 507; Amer. MSS, III, 276. 

14 CO. 5/560, pp. 805-808. 

15 Siebert, Loyalists, 1, 131, cf . pp. 105-130. 

18 Tonyn to Shelburne, November 14, 1782, CO. 5/560, pp. 469-471; Amer. MSS, 
III, 192-193, 224, 316, 317, 319-320, 395, 417, IV, 83, 89, 92, 96, 165. 

17 Ibid., II, 544, III, 19, 26, 64, 112, 149-150, 192, 220 ; Tonyn to Shelburne, Novem- 
ber 14, 1782, CO. 5/560, p. 471, and enclosed monthly return, ibid., pp. 494-495, which 
shows only the King's Hangers, North Carolina Eegiment, and South Carolina Begi- 
ment of the provincial corps as present in St. Augustine, and not the two North Caro- 
lina corps mentioned in Amer. MSS, III, 112. 

18 Amer. MSS, III, 224, 320-322, 340. 

19 Siebert, Loyalists, 1, 116-118; Amer. MSS, IV, 98. 

20 J. D. Schoepf, Travels in the Confederation (Philadelphia, 1911), II, 231. 

21 East-Florida Gazette, March 1, 1783, reproduced in Siebert, Loyalists, I, opp. 
p. 134, cf . pp. 132-133. 

22 East-Florida Gazette, May 3, 1783. 

23 Ibid., March 1 and May 17, 1783. 

2i Contingent accounts, 1781-1782, CO. 5/560, p. 567. 

23 Three copies of the East-Florida Gazette, sent to England in Sir Guy Carleton's 
dispatches, were found in England by Worthington C Ford in 1927; photostats of 
these are in the Eare Books Division of the Library of Congress, and the first page of 
the issue for March 1, 1783, is reproduced in Siebert, Loyalists, Vol. I, opp. p. 134. 
For information concerning the Gazette and the press, see Lawrence C Wroth, The 
Colonial Printer (2d ed., Portland, Maine, 1938), pp. 51-55, 305 n. 19; Clarence S. 
Brigham, "Bibliography of American Newspapers, 1690-1820," Proceedings of 
American Antiquarian Society, n.s., XXIII (Worcester, Mass., 1913), 369. For the 
brothers Wells, see Wroth, Colonial Printer, pp. 51-52; Siebert, Loyalists, I, 134- 
136; D.A.B., s.v. "William Charles Wells." 

[207] 



208 University of California Publications in History 

20 Copy in John Carter Brown Library, Providence, R. I. See Bibliography. 

27 A copy of Gale's Essay II (vii + 50 pp.) as printed in St. Augustine is in the New 
York Public Library ; a copy of the London version is in the John Carter Brown Li- 
brary. See also Wroth, Colonial Printer, pp. 53-54. 

28 Amer. MSS, III, 391, IV, 262, 294; Siebert, Loyalists, I, 135. 

29 Amer. MSS, IV, 38, 93; Siebert, Loyalists, I, 145-147; a more fanciful account, 
compared with Siebert's, is given in Joseph Johnson, Traditions and Reminiscences 
(Charleston, 1851), pp. 174-182. Cf. East-Florida Gazette, May 3, 1783 ; James Grant 
Forbes, Sketches of The Floridas (New York, 1821), pp. 52-54. 

30 Stetson Conn, Gibraltar in British Diplomacy in the Eighteenth Century (New 
Haven, 1942), pp. 220-221. 

31 Hid., pp. 224-226. 
S2 Ibid., pp. 226, 229. 

33 Ibid., p. 236. For the Anglo-Spanish negotiations generally, see Conn, pp. 199- 
236, and Lord Fitzmaurice, Shelburne (London, 1912), II, 187-209; Hon. J. W. 
Fortescue, ed., Correspondence of King George the Third, 1760-1783, VI (London, 
1928), 180-183; Samuel F. Bemis, The Diplomacy of the American Revolution (New 
York, 1935), pp. 189 seq.; Herbert B. Fuller, Purchase of Florida (Cleveland, 1906), 
pp. 18-32. 

34 Fortescue, Correspondence of George III, VI, 192. 

35 The text of the preliminary articles is in Fitzmaurice, Shelburne, II, 453-456 ; 
the text of the definitive treaty, which is very similar, is to be found in Annual Regis- 
ter ...For the Year 1783 (London, 1784), "Principal Occurrences," pp. 107-111. 

38 [William Knox], Extra Official State Papers (London, 1789), II, 38. 

37 Parliamentary History, XXIII (London, 1814), 385-414. 

38 Ibid., pp. 448, 473, 481 ; cf . East-Florida Gazette, May 3 and 17, 1783. 

39 Adam Anderson, Origin of Commerce (London, 1801), IV, 470, 474. 

40 Memorial of Grey Elliott to North, July 5, 1783, CO. 5/560, pp. 801-803. 

41 This material is in CO. 5/560, pp. 457-462, 781-783, 797-798, 823-845, and 
among the loose papers at the end of CO. 5/560. Cf . Lord Hawke's speech in the 
House of Lords, Parliamentary History, XXIII, 389. 

42 [?Townshend] to Governor of East Florida, February 28, 1783, CO. 5/560, pp. 
453-455. 

43 Gazette of State of Georgia, May 8, 1783, quoting from East-Florida Gazette, 
April 21, 1783. 

44 East-Florida Gazette, May 17, 1783. 

45 McArthur to Carleton, May 20, 1783, Amer. MSS, IV, 93. 

46 Ibid., pp. 168, 340. 

47 For the Indians in East Florida during these years, see Amer. MSS, Vols. Ill, IV, 
passim. 

48 Extract of letter to Captain Bisset in London from his correspondent in St. 
Augustine, May 20, 1783, CO. 5/560, pp. 847-849 ; extracts of letters from Peter 
Edwards, September 11, 1783, and David Yeats, n.d., sent by Lord Hawke to North, 
November 10, 1783, in loose papers at end of CO. 5/560. 

49 Schoepf , II, 231, 241. 

50 Amer. MSS, IV, 292-294, 348, 351, 354, 358 ; Gazette of State of Georgia, October 
9 and 16, 1783. 

51 Gazette of State of Georgia, November 20, 1783 ; Amer. MSS, IV, vii, 396. 

52 Zespedes to Bernardo de Galvez, August 9, 1784, St. Augustine, East Florida 



Mowat: East Florida as a British Province, 1763-1784 209 

Papers, box 40 (Library of Congress). Siebert {Loyalists, I, 156, 186), advances evi- 
dence to show that McArthur was in the Bahamas in January, 1784. This is in conflict 
with the Spanish sources and is not proved by the references given in Amer. MSS, IV, 
350, 356 (cf. pp. 420-421). He may, of course, have gone to the Bahamas for a time 
and then returned to St. Augustine. 

53 Tonyn to Evan Napean, October 1, 1783, CO. 5/560, pp. 717-719. 

51 Tonyn to North, September 11, 1783, Tonyn to Digby, September 10, 1783, CO. 
5/560, pp. 685-686, 697-700. 

55 Tonyn to North, November 1, 1783, ibid., p. 744. 

56 Draft of dispatch to Tonyn, September 30, 1783, Whitehall, ibid., pp. 673-674. 

57 North to Tonyn, December 4, 1783, ibid., pp. 721-733; cf. A.P.C. Col., V, 538-539. 
68 Tonyn's proclamation, May 6, 1784, CO. 5/561, p. 853. 

59 Tonyn to Hawke, November 30, 1784, ibid., pp. 337-341 ; "Reasons why the evacu- 
ation of East Florida could not be sooner completed" (unsigned, undated paper among 
Miscellaneous Papers at end of CO. 5/561), ibid., pp. 849-850. 

60 Siebert, Loyalists, II, 14; for the whole subject of the evacuation before the 
arrival of the Spanish governor, see Loyalists, I, 137-159. 

61 "A full reply to a certain paper . . . ordered . . . prepared by . . . Zespedes in 
answer to the complaint of . . . Samuel Farley," n.d., enclosed in Tonyn to Sydney, 
August 10, 1785, CO. 5/561, pp. 576-585; cf. Gazette of State of South Carolina, 
August 5, 1784. 

62 Zespedes' proclamation, July 14, 1784, enclosed in Zespedes to Galvez, July 
16, 1784, Archivo General de Indias, Santa Domingo, Legajo 2660 (Library of Con- 
gress photostats) ; also in Gazette of State of South Carolina, August 5, 1784. 

63 Hume's criticism of Zespedes' second proclamation, CO. 5/561, pp. 47-51; Tonyn 
to Zespedes, July 29, 1785, ibid., pp. 550-553. 

64 Tonyn's letters to Lord Sydney, the secretary of state, nos. 4-12, of October 21, 
December 6 and 14, 1784, April 4, August 10 and 29, September 15, October 1, and 
November 10, 1785, all from East Florida, and with many enclosures, constitute the 
greater part of CO. 5/561. His first three letters to Sydney are missing from this 
series, and the last letter in CO. 5/560 is Tonyn's to North of November 1, 1783, 
leaving a gap of almost a year in the correspondence. Some of this gap can be filled 
from Spanish sources, which contain Tonyn to Sydney, no. 2, June 14, 1784 (A.G.I., 
S.D., Leg. 2660), and Zespedes' correspondence and enclosures. See also the, East 
Florida papers, boxes 40, 41 (Library of Congress MSS). For access to this material 
the author is indebted to the kindness of Professor J. B. Lockey of the University of 
California, Los Angeles, who is preparing for publication "Select Documents for the 
History of Florida: East Florida (1783-1785)"; this will fully document the events 
between Zespedes' arrival and Tonyn's departure. See also Siebert, Loyalists, 
I, 161-179 ; Lawrence Kinnaird, "International Rivalry in the Creek Country. Part I. 
The Ascendancy of Alexander McGillivray, 1783-1789," F.H.Q., X (October, 1931), 
59-85; Arthur P. Whitaker, The Spanish American Frontier: 1783-1795 (Boston, 
1927), pp. S6seq. 

65 The preceding paragraphs are based mainly on Tonyn to Sydney, December 6, 
1784, and enclosures, CO. 5/561, pp. 25-341. 

68 Tonyn to Sydney, April 4, 1785, and enclosures, ibid., pp. 353-469. 

67 Tonyn to Sydney, August 10 and 29, 1785, and enclosures, ibid., pp. 473-775. 

68 Tonyn to Sydney, September 15, October 1, November 10, 1785, St. Mary's, ibid., 
pp. 779-799. 



210 University of California Publications in History 

60 Tonyn to Sydney, January 11, 1786, Portsmouth, ibid., pp. 801-803. 

70 Tonyn to Zespedes, February 26, 1785, ibid., pp. 437-441. 

71 See the table in Siebert, Loyalists, I, 208, and on the whole subject of the desti- 
nations and later careers of the East Florida loyalists, ibid., pp. 182-210 and passim. 

72 Joseph B. Lockey, "The St. Augustine Census of 1786," F.H.Q., XVIII (July, 
1939), 11-31. 

73 Cowan's declared account, 1782-1787, Audit Office 1, bundle 1261, roll 151 

74 Siebert, Loyalist, II, vii-viii and passim. See above, p. 189 n. 105. 

75 See Louise Biles Hill's introduction to Spanish Land Grants in Florida (Talla- 
hassee, 1940-1941), Vol. I, especially pp. xxxiii-xxxiv, lvii-lviii, and text, Vols. I-V, 
passim; American State Papers, Public Lands (Gales and Seaton), III, 725 seq., 
864, IV, 381, 383, 388-398, 573 and passim. 

76 For the last four sentences see Spanish Land Grants in Florida, I, xx-xxi, and 
Lockey in F.E.Q., XVIII, 12-13. 

77 Townsend in Annals of Medical History, 3d ser., II, 108. 

78 Gentleman's Magazine (1804: Supplement), LXXIV, 1252. 
™D.N.B. 



BIBLIOGRAPHY 



BIBLIOGRAPHY 

MANUSCRIPTS 

The principal source of information for the history of East Florida as a 
British province is the official papers, most of them sent home from the 
province, to be found in the Public Record Office in London, of which the 
transcripts in the Library of Congress in Washington have been used for 
this study. Local records, such as court records, for the period are lack- 
ing, unless they should turn up in the papers of the paymaster general's 
office, where David Yeats' son was a clerk (see Spanish Land Grants in 
Florida, I, 82, 319). Personal papers are also wanting, though some of 
Grant's papers are in the British Museum and at Ballindalloch Castle, 
and might repay examination (see D.N.B., and A. M. Grant, General 
James Grant, Introduction). For the Treasury papers which have not 
been consulted for lack of photostats of them, especially Treasury 1, 
Treasury 77/1-22 and Treasury Solicitor, bundles 3662, 3666 (loyalist 
claims), see Andrews, Guide to . . . P.B.O., II, 149 seq., 210 seq., 264- 
269 ; much the same statement applies to the Customs, Audit Office, and 
War Office papers (Andrews, passim) . 

Of the papers used, the chief series is the Colonial Office papers, class 
5, vols. 540 to 573 (cited as CO. 5/540, etc.), which are devoted to East 
Florida. The arrangement of these volumes is as follows : 

CO. 5/540-547. Formerly Board of Trade, East Florida 1-8. 

Board of Trade papers relating to East Florida, including correspondence be- 
tween the board and the governors, between the board and other departments, and 
many petitions for land grants. 
0.0. 5/548-561. Correspondence between Grant, Moultrie, and Tonyn, and the secre- 
taries of state. 
CO. 5/562. Eeports of the commissioners on East Florida claims [loyalists, etc.]. 

Not used in this study. 
CO. 5/563-564. Board of Trade: Entry Books, East Florida, 1763-1782. 
CO. 5/565-566. Entry Books, East Florida. 

Letters from the secretary of state, 1766-1767, 1768-1783. 
CO. 5/567-569. Entry Books, East Florida. 

Letters from governors to secretaries of state. The bulk of the material in vols. 

563-569 duplicates that in vols. 548-561. Vol. 563 contains various representations 

of the Board of Trade to the Privy Council; vols. 565 and 566 contain various 

circular letters to colonial governors. 

CO. 5/570. Journals of East Florida Council, 1764-1769. 

CO. 5/571. Minutes of Governor (or Lieutenant Governor) in Council, 1769-1776. 

[213] 



214 University of California Publications in History 

These two volumes give the Council minutes from October 31, 1764, to September 
20, 1776, but with the following gaps: June 27, 1767— July 15, 1768, July 6, 
1772 — August 2, 1773. These gaps can be filled from Audit Office, class 16, vol. 43, 
East Florida, General Eecord Book, which consists of all the Council minutes from 
October 31, 1764, to March 30, 1776. 

CO. 5/572. Journals of Upper House of Assembly, March 27-September 17, 1781, 

October 17-November 12, 1781. Journals of Council, October 7, 1780-November 

16, 1781. Journals of Commons House of Assembly, March 27-November 12, 1781. 

The Council minutes, 1776-1780, and after November, 1781, are missing, also 

the journals of the second General Assembly, 1782-1784. 

CO. 5/573. Shipping Eeturns. Ships entering and clearing St. Augustine, November, 
1764— June, 1769. 

Other documents from the Public Kecord Office (Library of Congress 
transcripts and photostats) used include : 
CO. 5/65-81. Plantations General. 

This series of miscellaneous correspondence of the Board of Trade and secretary 
of state contains certain letters concerning De Brahm and John Stuart and their 
relations with East Florida. 
CO. 5/83, pp. 137 seq. "Eeport of the State of East and West Florida, 1763." 

Lieutenant Colonel Eobertson's "Eeport" in the military correspondence of the 
secretary of state's office. 
CO. 5/114. Petitions. 

This volume has a few petitions which relate to East Florida. 
CO. 5/624. Acts of East Florida. 

This volume does not contain all the Acts of the General Assembly of East 
Florida ; see Appendix II. 
CO. 324/51-53. Plantations General : warrants. 

A few of these warrants concern East Florida offices. 
CO. 324/54. Plantations General : grants of land. 

Part of this volume relates to East Florida grants. 
Audit Office, class 1, bundle 1261, rolls 147-151, 154. 

Declared Accounts of Moultrie (public works program, 1772-1775), Tonyn 
(1773-1785), William Knox (1763-1769), William Knox (1770), John Cowan 
(1782-1787), James Grant (expenditures for New Smyrna). 
Customs, class 16, vol. 1. American exports and imports, 1768-1773. 
Treasury papers, class 1, vols. 429-486. Treasury in-letters. 

The Library of Congress has photostats of some of the papers in this very bulky 
series ; these contain a few East Florida items. 
Treasury 64/276. Treasury papers: miscellanea various. 

This volume contains a mass of compiled trade statistics for the 1760's and 
1770's. 
War Office 1/6. War Office in-letters, 1764-1765. 

Certain other British transcripts in the Library of Congress relate 
to East Florida. These include the Haldimand Papers (British Museum, 



Moivat: East Florida as a British Province, 1763-1784 215 

Additional MSS, Nos. 21661-21892), which I have consulted, but for 
whose contents I have relied on the calendar in the Reports on Canadian 
Archives, 1884-1889 (see below) ; De Brahm's "Report of the General 
Survey in the Southern District of North America" (British Museum, 
King's MSS, Nos. 210, 211), which is similar to the Harvard copy (see 
below). The transcripts of Fulham MSS, South Carolina, nos. 300, 298, 
and 299 contain Rev. Mr. Woodmason's "Account of the Carolinas, 
Georgia and the Floridas in 1766." The photostats of the papers of the 
Society for the Propagation of the Gospel, relating to Florida (S.P.G. 
MSS, Florida, 1764, 1783, 1784) have been examined. 

For these and other British documents the information provided in 
the Guides prepared by Charles M. Andrews has been invaluable (see 
below, "Printed "Works"). 

Among the original manuscripts in the Library of Congress, the fol- 
lowing concern British East Florida. 

East Florida Accounts, 1763-1766. 

This slim bound volume contains ordnance accounts for the years mentioned. 
East Florida Papers [Spanish], no. 319. 

Accounts of Jesse Fish, 1763-1770. This tattered volume contains the accounts 
of Fish's sale of Spanish-owned lots in St. Augustine. 
William Drayton, "An Inquiry into the present State, and Administration of Affairs 
in the Province of East-Florida; with some Observations on the Case of the late 
Ch. Justice there. 1778." 

This parchment-bound quarto notebook contains the unpublished manuscript 
of Drayton's "Inquiry," in his own hand. 

Spanish sources provide some letters of Tonyn and other letters and 
papers giving information about the interval between Zespedes' ar- 
rival and Tonya's departure, 1784-1785 (see above, p. 209, n. 64). In 
addition, I have consulted copies of the papers relating to the Spanish 
evacuation of 1763 (Archivo General de Indias, Santa Domingo, 86- 
7-11) deposited, with translations, by Professor W. H. Siebert, in the 
library of the St. Augustine Historical Society. I have also used Mr. 
E. W. Lawson's translation of the Spanish census of St. Augustine, 1784, 
in the same library. 

An extremely valuable source of information for British East Florida 
is to be found in the manuscript collections of the William L. Clements 
Library of the University of Michigan, Ann Arbor. The most important 
collection for this subject is the Gage Papers (see Clarence E. Carter, 
"Notes on the Lord Gage Collection of Manuscripts," Mississippi Valley 
Historical Review, XV [March, 1929], 511-519). The Amherst Papers, 
especially Vol. I, the Knox Papers, Vol. IX, f ols. 2, 3, and the Shelburne 



216 University of California Publications in History 

Papers, especially Vols. XLIX, LXXXVII, LXVI, have also been used ; 
and the Clinton Papers have been briefly examined. For the manuscript 
collections of the Clements Library, as they relate to East Florida, see the 
author's article in the Florida Historical Quarterly (F.H.Q.) cited under 
the "Printed Works." See also Howard H. Peckham, Guide to the Manu- 
script Collections in the William L. Clements Library (Ann Arbor, 1942) . 

The Henry E. Huntington Library at San Marino, California, pos- 
sesses among the Hastings Papers certain papers reflecting the interest 
of John, Earl of Moira, in East Florida as a grantee of land there. These 
include two warrants of survey signed by Grant (HU 505, 507), two 
plats (HU 506, 508) , other miscellaneous papers, some relating to claims 
made on the United States government in 1823, and a manuscript bound 
volume lettered "East Florida Papers &c" (HM 9561-9566) containing 
letters of Dr. Stork and Charles Bernard. 

The Harvard University Library possesses a manuscript of De 
Brahm's "Report of the General Survey in the Southern District of 
North America" in a bound volume lettered "Brahm's Survey of East 
Florida, Carolina, Georgia, &c," as well as the manuscript volume of 
De Brahm's "Continuation of the Atlantic Pilot." On the distribution of 
Florida manuscripts generally see James A. Robertson, "The Archival 
Distribution of Florida Manuscripts," F.H.Q. , X (July, 1931), 35-50. 

MAPS 

Of contemporary maps of East Florida, the best published one is that 
of T. Jefferys, included in his American Atlas (1775, etc.), Stork's De- 
scription of East-Florida (1769), and elsewhere. Sayer and Bennet's 
American Military Pocket Atlas (1776) contained a general map of the 
southern colonies and an inset plan of St. Augustine, based on the work 
of De Brahm and Romans (reproduced in Siebert, Loyalists, I, 44). 
Different in scale is Romans' map of Florida (see below among the 
"Printed Works" for P. L. Phillips' edition) and De Brahm's huge map 
of the northeast coast and the St. John's, published by John and Samuel 
Lewis in 1769 (British Museum, Crown Collection, CXXII, 81). A 
photograph of this map is in the Maps Division of the Library of Con- 
gress, as are photostats of several manuscript maps from the Colonial 
Office collection in the Public Record Office; see Catalogue of Maps, 
Plans and Charts in the Library of the Colonial Office (1910), and par- 
ticularly Purcell's map of the Southern Indian District (about 1776) 
and his map of the route from Pensacola to St. Augustine (1778), re- 
produced in Mark F. Boyd, "A Map of the Road from Pensacola to St. 
Augustine, 1778," F.H.Q., XVII (July, 1938), 15-23. Manuscript maps 



Mowat: East Florida as a British Province, 1763-1784 217 

from the Gage and Clinton papers are in the map collection of the 
Clements Library (see Randolph G. Adams, Sir Henry Clinton Maps 
[Ann Arbor, 1928]), and from the Haldimand papers in the Public 
Archives of Canada (see Catalogue of Maps, Plans and Charts in the 
Map Boom of the Dominion Archives, H. R. Holmden, ed., Publications 
of the Canadian Archives, No. 8 [Ottawa, 1912] ). Many of De Brahm's 
maps are with his manuscript in the Harvard Library. A plan of the St. 
John's River, showing the land grants on its banks, is in the possession 
of Sir Arthur Grant of Monymusk, Aberdeenshire (photostat in Library 
of Congress; see description in F.E.Q., VI [October, 1927], 120-122). 
J. F. W. des Barres' Atlantic Neptune (1777) has a good map of the 
harbor of St. Augustine. Many maps of this period, particularly plans 
of St. Augustine, come from Spanish archives, and photostats of them 
are in the Library of Congress ; see especially those of De la Puente, 
Castello, De Solis (1764) and Tomas Lopez (1783). Valuable plans of 
St. Augustine of the first Spanish and British periods are reproduced in 
Chatelain's Defenses of Spanish Florida; others of the British period are 
in the Crown Collection, 1st ser., Vol. V, 2d ser., Vol. I, and 3d ser. In 
general see Philip Lee Phillips, A List of Maps of America in the Library 
of Congress (Washington, 1901), Index, s.v. "Florida" and "St. Au- 
gustine" ; Phillips, A List of Geographical Atlases in the Library of Con- 
gress (Washington, 1909-1920) ; Woodbury Lowery, Descriptive List 
of Maps of the Spanish Possessions within the Present Limits of the 
United States, 1502-1820, P. L. PhiUips, ed. (Washington, 1912) ; A. F. 
Harley, "Bernard Romans's Map of Florida Engraved by Paul Revere, 
and other Early Maps in the Library of the Florida Historical Society," 
F.H.Q., IX (July, 1930) , 47-57. 

NEWSPAPERS 

Various South Carolina and Georgia newspapers of the time contain 
scraps of information concerning East Florida. These are the South 
Carolina Gazette, the South Carolina and American General Gazette, 
the Boyal Gazette, the Boyal South Carolina Gazette, and the Gazette of 
the State of South Carolina, all of Charleston, and the Georgia Gazette, 
the Boyal Georgia Gazette, and the Gazette of the State of Georgia, of 
Savannah. For the runs of these and their whereabouts see Clarence S. 
Brigham, "Bibliography of American Newspapers, 1690-1820," Pro- 
ceedings of the American Antiquarian Society, n.s., XXIII (Worcester, 
Mass., 1913), 247-402. 

Photostats of the only three issues of the East-Florida Gazette known 
to exist are in the Library of Congress, Rare Books Division. 



218 University of California Publications in History 



PRINTED WORKS 

This list contains only the more important works in print which were 
consulted in the writing of this book. It includes works contemporary 
with the period, modern authorities, and published collections of source 
material. The list is alphabetical by author or editor, except where the 
work has been cited by its title in the text. 

Abbey, Kathryn T. "Efforts of Spain to Maintain Sources of Information in the 
British Colonies before 1779," Mississippi Valley Historical Review, XV (June, 
1928), 56-68. 

. "Spanish Projects for the Eeoceupation of the Eloridas during the American 

Bevolution," Hispanic American Historical Review, IX (August, 1929), 265-285. 

Acts of the Privy Council of England: Colonial series. James Munro, ed. Vol. IV, 
1745-1766, London, 1911. Vol. V, 1766-1783, London, 1912. Vol. VI. The Unbound 
Papers, London, 1912 (A.P.C. Col.). 

Adair's History of the American Indians, Samtjel C. Williams, ed. Johnson City, 
Tennessee, 1930. 

Alvord, Clarence W. The Mississippi Valley in British Politics. A Study of the 
Trade, Land Speculation, and Experiments in Imperialism Culminating in the 
American Revolution. 2 vols. Cleveland, 1917. 

, and Carter, Clarence E., eds. The Critical Period, 1763-1765. The New 

Regime, 1765-1767. Trade and Politics, 1767-1769. Collections of the Illinois State 
Historical Library, Vols. X, XI, XVI. Springfield, Illinois, 1915, 1916, 1921. 

American Husbandry. Containing an Account of the Soil, Climate, Production and 
Agriculture, of the British Colonies in North-America and the West-Indies . . . By 
an American. 2 vols. London, 1775. 

. Harry J. Carman, ed. Columbia University Studies in the History of Ameri- 
can Agriculture, No. 6. New York, 1939. 

American State Papers. Documents, Legislative and Executive, of the Congress of the 
United States. Class VIII. Public Lands. Vols. I, III, IV, VI. "Washington: Gales 
and Seaton, 1832, 1834, 1859, 1860. 

Titles of Vols. IV and VI differ slightly. 

Anderson, Adam. An Historical and Chronological Deduction of the Origin of Com- 
merce . . . Vols. Ill, IV. London, 1801. 

Andrews, Charles M. The Colonial Period of American History. Vol. IV. England's 
Commerce and Colonial Policy. New Haven, 1938. 

. Guide to the Materials for American History, to 1783, in the Public Record 

Office of Great Britain. 2 vols. Washington : Carnegie Institution of Washington, 
1912, 1914. 

, and Davenport, Frances G. Guide to the Manuscript Materials for the His- 
tory of the United States to 1783, in the British Museum .... Washington : Carnegie 
Institution of Washington, 1908. 

Appletons' Cyclopaedia of American Biography. New York, 1888-1889. 

Barrs, Burton. East Florida in the American Revolution. Jacksonville, 1932. 



Moivat: East Florida as a British Province, 1763-1784 219 

Bartram, John. Diary of a Journey through the Carolinas, Georgia, and Florida 
from July 1, 1765, to April 10, 1766. Francis Harper, ed. Transactions of the 
American Philosophical Society, n.s., Vol. XXXIII, Pt. I. Philadelphia, 1942. 

Bartram, William. Travels in Georgia and Florida, 1773-74; a Report to Br. John 
Fothergill. Francis Harper, ed. Transactions of the American Philosophical 
Society, n.s., Vol. XXXIII, Pt. II. Philadelphia, 1943. 

. Travels through North and South Carolina, Georgia, East and West Florida, 

the Cherolcee Country . . . Philadelphia, 1791; London reprint, 1792. 

An edition of this was published in New York by Macy-Masius in 1928; a fac- 
simile of the original work was published in New York in 1940 under the editor- 
ship of Mark Van Doren. 

Beer, George L. British Colonial Policy, 1754-1765. New York, 1907. 

Bemis, Samuel F. The Biplomacy of the American Revolution. New York, 1935. 

Bolton, Herbert E., ed. Arrendondo's Historical Proof of Spain's Title to Georgia. 
A Contribution to the History of One of the Spanish Borderlands. Berkeley, 1925. 
The introduction is also published separately as Bolton, Herbert E., and Boss, 
Mary, The Bebatable Band. Berkeley, 1925. 

Bond, Beverley W. The Quit Bent System in the American Colonies. With an intro- 
duction by Charles M. Andrews. Yale Historical Publications: Miscellany, VI. 
New Haven, 1919. 

Boyd, Mark F., ed. "Apalachee during the British Occupation. A Description con- 
tained in a Series of Four Eeports by Lieut. Pittman, B. E.," F.H.Q., XII (January, 
1934), 114-122. 

. "The Fortifications at San Marcos de Apalache (St. Mark's, Wakulla Co., 

Florida)," F.H.Q., XV (July, 1936), 3-34. 

"From a Remote Frontier : Letters and Documents Pertaining to San Marcos 



de Apalache, 1763-1769, During the British Occupation of Florida," F.H.Q., XIX 
(January, 1941), 179-212, and subsequent issues. 
. "Spanish Mission Sites in Florida," F.H.Q., XVII (April, 1939), 255-280. 



Brebner, John B. The Neutral Yankees of Nova Scotia. A Marginal Colony during 
the Revolutionary Years. New York, 1937. 

. New England's Outpost. Acadia before the Conquest of Canada. Columbia 

University Studies in History, Economics, and Public Law, No. 293. New York, 
1927. 

Brinton, Daniel G. Notes on the Floridian Peninsula. Philadelphia, 1859. 

Burt, Alfred L. The Old Province of Quebec. Minneapolis, 1933. 

Butler, Lewis. The Annals of the King's Royal Rifle Corps. Vol. I. The Royal Amer- 
icans. London, 1913. 

Calendar of Home Office Papers of the Reign of George III, 1760-1765. Joseph 

Redington, ed. London, 1878. 
Cambridge History of the British Empire. J. Holland Rose, A. P. Newton, E. A. 

Benians, eds. Vol. I. The Old Empire from the Beginnings to 1783. Cambridge, 

1929. 
Canada and Its Provinces. Adam Shortt and Arthur G. Doughty, eds. Vol. XIII. 

The Atlantic Provinces. Toronto, 1914. 



220 University of California Publications in History 

Canadian Archives. Report on Canadian Archives by Douglas Brynmer, Archivist, 
for the years 1884-1889. Ottawa, 1885-1890. 

These reports contain the calendar of the Haldimand collection in the Public 
Archives of Canada. The volumes for 1884, 1885, and 1886 include Florida material. 

Carter, Clarence E. "The Beginnings of British West Florida," Mississippi Valley 
Historical Review, IV (December, 1917), 314-341. 

— : . "British Policy towards the American Indians in the South, 1763-8," English 

Historical Review, XXXIII (January, 1918), 37-56. 

, ed. The Correspondence of General Thomas Gage . . . 1763-1775. 2 vols. New 



Haven, 1931, 1933. 
, ed. "Observations of Superintendent John Stuart and Governor James Grant 



of East Florida on the Proposed Plan of 1764 for the Future Management of In- 
dian Affairs," American Historical Review, XX (July, 1915), 815-831. 

. "The Office of Commander in Chief : A Phase of Imperial Unity on the Eve 



of the Revolution," in Morris, ed., Era of American Revolution, pp. 170-213 (see 
Morris, Eichard B.). 

. "Some Aspects of British Administration in West Florida," Mississippi 



Valley Historical Review, I (December, 1914), 364-375. 

Caughey, John W. Bernardo de Gdlves in Louisiana, 1776-1783, U.C.L.A. Publ. Soe. 
Sci., Vol. IV. Berkeley, 1934. 

Channing, Edward. A History of the United States. Vol. Ill, 1761 to 1789. New 
York, 1912. 

Chatelain, Verne E. The Defenses of Spanish Florida, 1565 to 1763. Washington: 
Carnegie Institution of Washington, 1941. 

Clark, Dora Mae. "The American Board of Customs, 1767-1783," American His- 
torical Review, XLV (July, 1940), 777-806. 

Conn, Stetson. Gibraltar in British Diplomacy in the Eighteenth Century. Yale His- 
torical Publications, Miscellany, Vol. XLI. New Haven, 1942. 

Corse, Carita Doggett. "De Brahm's Report on East Florida, 1773," F.H.Q., XVII 
(January, 1939), 219-226. 

. "Denys Rolle and Rollestown. A Pioneer for Utopia," F.H.Q., VII (October, 

1928), 115-134. See also Doggett, Carita. 

Coulter, E. Merton. A Short History of Georgia. Chapel Hill, N. C, 1933. 

Crane, Verner W., ed. "Hints Relative to the Division and Government of the Con- 
quered and Newly Acquired Countries in America," Mississippi Valley Historical 
Review, VIII (March, 1922), 367-373. 

. The Southern Frontier, 1670-1732. Durham, N. C, 1928. 

Crown Collection of Photographs of American Maps. Selected and edited by Archer 
B. Hulbert. [1st ser.], Vol. V. Cleveland, 1908. 2d ser., Vol. I. Harrow, England, 
1909. 3d ser., Vols. II, III. Cleveland, 1916. 

The third series was issued as a set of plates and not in separate volumes, except 
for the first fifty plates, which were issued as Vol. I; the remaining plates are, 
however, usually bound into volumes. The plates relating to East Florida in the 
third series are plates 53-115. 



Mowat: East Florida as a British Province, 1763-1784 221 

Curley, Michael J. Church and State in the Spanish Floridas {1783-1822). Catholic 
University of America, Studies in American Church History, Vol. XXX. Wash- 
ington, 1940. 

Curtis, Edward E. The Organisation of the British Army in the American Revolu- 
tion. Yale Historical Publications: Miscellany, XIX. New Haven, 1926. 

Dewhurst, William W. The History of Saint Augustine, Florida. New York, 1881. 
Another edition with a shorter title was published in 1885. 

Dickerson, Oliver M. American Colonial Government, 1696-1765. Cleveland, 1912. 

. "Writs of Assistance as a Cause of the Revolution," in Morris, ed. Era of the 

American Revolution, pp. 40-75 (see Morris, Eichard B.). 

Dictionary of American Biography. New York, 1928-1936 (D.A.B.) 

Dictionary of National Biography. London, 1885-1890 (D.N.B.) 

Documents relative to the Colonial History of the State of New York. E. B. O'Cal- 
laghan, ed. Vols. VII, VIII. Albany, 1856, 1857. 

Doggett, Carita (Carita Doggett Corse). Dr. Turnbull and the New Smyrna Col- 
ony of Florida. Florida: The Drew Press, 1919. 

Dunbar, Louise B. "The Boyal Governors in the Middle and Southern Colonies on 
the Eve of the Eevolution : a Study in Imperial Personnel," in Morris, ed., Era of 
the American Revolution, pp. 214-268 (see Morris, Eichard B.). 

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222 University of California Publications in History 

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224 University of California Publications in History 

Mayo, Lawrence S. The St. Mary's River, A Boundary. Privately printed, 1914. 

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226 University of California Publications in History 

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INDEX 



INDEX 



Ainslie, John, 14, 15, 163 

Alligator Bridge, battle at, 122 

Amelia Island, 70 

American patriots from Charleston, im- 
prisoned at St. Augustine, 124 

Amherst, General Jeffrey (later Lord), 
7, 8, 9, 118 

Anastasia Island, 17, 55, 70; lookout on, 
26,40,108 

Apalache, 3, 31; British occupation of 
post, 9-10; post abandoned, 27 

Apalachicola River, 6, 12 

Assembly: lack of, 34, 40-49, 58, 91, 125; 
Tonyn plans to summon, 127; election 
for, 127-128; First Assembly, 128- 
131; dispute in, over trial of Negroes, 
130-131; Second Assembly, 132-134; 
legislation, 160-161 ; members of First 
Assembly, 164 

Attachment Act, 133 

Bachop, Adam, 19, 76 

Bahama Islands. See New Providence 

Bar of St. Augustine harbor, dangerous, 

17, 18, 74 
Barracks in St. Augustine, 30-31 
Barrington, Fort, 121 
Bartram, John, 20, 40, 50 
Bartram, "William, 25, 50, 58, 70 
Bermudian settlers, plans for, 63-64 
Bethune, John, 66 

Bishop's House, St. Augustine, 9, 17, 30 
Bisset, Robert, 60-61, 68, 70, 96, 102, 109 
Board of Trade, 9, 10, 18, 34-35, 37, 39, 

41, 43, 54, 56, 62-63, 97-99, 104-105, 

127, 131-132 
Boundaries of East Florida, 6, 10-12 
Bounties for silk, vines, 35, 38 
Box, James, 14, 15, 162 
Brown, Lt. Col. Thomas, 110-112, 113, 

120-123, 126, 136, 146, 163 
Brown, William, 125, 144, 164, 165 
Bryan, Jonathan, 88-90, 94 
Burdett, Sir Charles, Bt., 44, 163, 165 

Campbell, Capt. John, 116 
Carleton, Gen. Sir Guy, 135, 136, 137 



Castillo de San Marcos, St. Augustine, 17 

Catherwood, Eobert, 14, 15, 44, 48, 95, 97, 
99, 104, 127, 163, 164, 165, 166 

Chancery, Court of, in East Florida, 15- 
16, 100, 103, 106, 165 

Charleston: and East Florida trade, 75, 
76, 155-156 ; captured by British, 107 ; 
patriots imprisoned at St. Augustine, 
124; evacuation, 135, 136 

Chief Justice of East Florida, 14, 15, 37, 
44. See also Drayton, "William 

Church of England in East Florida, 17, 
31, 37, 129 

Clinton, General Sir Henry, 105, 112, 116, 
122, 135 

Collins, William, 164 

Commission of the Peace, 15, 46 

Cotilla, Don Juan, 8 

Council of East Florida : formed, 14, 15 ; 
functions, 40 ; members, appointments, 
43, 73, 126-127, 163 ; legislative pow- 
ers, 44-49; censures Drayton, 91-93; 
suspends Drayton, 94-95; suspends 
Turnbull, 97; suspends Drayton for 
second time, 103-104; defense meas- 
ures, 117; as Upper House of Assem- 
bly, 128 

Courthouse, St. Augustine, 17 

Courts in East Florida, 15, 40, 129, 138, 
160, 164, 165. See also Grand jury, 
Chancery, Negroes, trial of 

Cowan, John, 35, 147 

Cowford (Jacksonville), 68, 108, 122 

Creek Indians. See Indians 

Crown agent, 35, 37 

Cruden, John, 146 

Cuba. See Havana 

Cuming, Witter, 44, 48, 60, 76, 126, 163, 
165 

Cunningham, Henry, 164, 166 

Customs service, 14, 73-75, 165 

Dartmouth, Earl of, 47, 53, 60, 63, 67, 83, 

90 
De Brahm, "William Gerrard, 20, 51-53, 

63, 163 
Deveaux, Col. Andrew, 139-140 



[231] 



232 



Index 



Dodd, Benjamin, 104, 109, 126, 163, 165 

Doran, John, 76 

Drayton, William: criticizes auditing 
of contingent accounts, 39, 46; ap- 
pointed councilor and chief justice, 44 ; 
protests legislative powers of Council, 
44-45; quarrel with Moultrie, 45; 
grand jury presentments, 47-49; sus- 
pended from Council, 47-48 ; censured, 
49 ; planter, 70, 104, 148 ; on writs of 
assistance, 74; Tonyn's attitude to- 
wards, 84-85; his "Inquiry," 88; deal- 
ings with Bryan, 88-90; letter from 
W. H. Drayton, 90-91; conduct re- 
garding grand jury, 92-93 ; suspended 
as chief justice, 94-95; reinstated in 
London, 97-98; conduct following re- 
turn, 99-103 ; recommends capitulation 
of province, 102 ; second suspension, 
103-104; travels to London, resigns, 
104-105; later career, 105; friendly 
with army officers, 118 

Drayton, William Henry, 90-91 

Dunnett, John, 14, 162 

East Florida: boundaries, 6, 10-12; 
province created, 10, 12; civil govern- 
ment inaugurated, 14-16; progress, 
16-17; government, 18-20; seal of, 
18-19; officials, 19-20, 162-166; In- 
dian affairs, 20-26; military affairs, 
26-31; finances, 34-40; assembly, lack 
of, 40-49; Council, 40, 44-49; pub- 
licity for, 50-52, 54; land grants, 53- 
62; settlement, 57-72; plantations, 68- 
72; customs service, 73-75; trade, 75- 
79, 153-159; products, 77-79; Ameri- 
can Bevolution in, 85-87; internal poli- 
tics during Eevolution, 88-105 ; Bevo- 
lutionary War, 107-123 ; Bangers, 110 ; 
naval defense, 114-115; loyalist refu- 
gees' asylum, 125-126, 136-138, 160; 
Assembly, 127-134; negotiations for 
return to Spain, 135, 140-141 ; evacua- 
tion by British, 135, 136, 142-146, 
147; opinion in England over cession, 
141-142; British settlers remaining 
under Spanish rule, 147 ; loyalists com- 
pensated by British government, 148; 



British land titles and United States 

government, 148; surviving traces of 

British rule, 148 
East-Florida Gazette, 139 
"East Florida schooner," 19, 22 
Education, 31-32, 37, 166 
Edwards, Beter, 125, 147, 164 
Egmont, Earl of, 43, 60, 70 
Elbert, Colonel, 120-121 
Elliott, Grey, 142, 161 
Elphinstone, Capt. Keith (Viscount 

Keith), 136 
Evacuation of East Florida by British, 

132, 135, 136, 142-146; destination of 

evacuees, 147 

Fatio, Francis Bhilip, 70, 96, 123, 145, 
146, 147, 148 

Fees for land grants, 67 

Feliu, Governor Melchior, 8 

Finance: Barliamentary grant, 34-36; 
crown agent, 35, 37; disbursing and 
accounting for funds, 37, 39; uses of 
contingent fund, 38-40, 45, 66; road- 
building, 68 ; in wartime, 115 ; legisla- 
tion by Assembly, 132-133, 160 

Fish, Jesse, 9, 70, 101, 147 

Florida: Spanish rule before 1763, 3-5; 
ceded to Britain, 5; opinion of, in 
Britain, 6-7; British take possession 
of, 7. See also East Florida, West Flor- 
ida 

Forbes, James Grant, 52 

Forbes, Beverend John, 31, 44, 47, 48, 
70, 83, 95, 97, 99, 101, 104, 126, 163, 
164, 165 

Foreign settlers, 61-63, 66. See also Mi- 
norcans 

Fort Marion National Monument, vi 

Franciscan convent, St. Augustine, 9, 17, 
30 

Fraser, Beverend John, 31 

Fuser, Lt. Col. Lewis V., 101, 108, 109, 
116, 118, 120, 123 

Gadsden, Christopher, 124 

Gage, Maj. Gen. Thomas, 8, 28-30, 91, 

107 
Gale, Samuel, 139 



Index 



233 



Georgia, 4, 12, 14, 24, 34-36, 41-42, 59, 
100; trade, 75, 154; in war campaigns, 
119-123; loyalist refugees from, 125, 
136-137 

Germain, Lord George, 97-99, 101, 105, 
106, 127 

Gibraltar in negotiations of 1782, 140- 
141, 142 

Glasier, Maj. Beamsley, 108, 118, 123, 
137 

Gordon, Arthur, 87, 91-92, 101, 105, 126, 
162 

Gordon, John, 9, 53-54 

Gordon, Lord Adam, 51, 60 

Government in East Florida. See East 
Florida 

Governor: powers, 18-25, 41; military 
powers, 28-30; prestige, 32-33; salary, 
37 

Graham, Capt. Colin, 108, 119, 122 

Grahme, Thomas, stamp distributor, 34 

Grand jury, presentments of, 44-45, 47- 
48, 92, 102, 104 

Grant, James, governor of East Florida : 
on province's boundaries, 12; bi- 
ography, 12-13; arrival at St. Augus- 
tine, 14; departure and later career, 
16, 149; Indian policy, 21-25; desires 
military powers, 28-29 ; social position 
in province, 32-33 ; financial policies, 
40, 45; attitude regarding assembly, 
42-43 ; public opinion of, 45 ; road- 
building, 68 ; planter, 68-69, 76 

Gray, Alexander, 70, 101, 103 

Gray, Edmund, 4 

Gray, Thomas, 93-94 

Great Britain: rival with Spain for em- 
pire, 3-5; new imperial policy, 10; 
policy of retrenchment, 27 

Greening, William, 162, 165 

Grenada, 12, 35, 41-42 

Grover, William, 44, 60 

Gwinnett, Button, 120 

Haldimand, Brig. Gen. Frederick, 17, 

27-28, 30 
Haley, John, 164, 165 
Harries, Capt. James, 10 
Havana, 3, 5, 6, 7, 8, 20, 123, 147 



Hawke, Sir Edward (Lord), 60-61, 142 
Hedges, Capt. John, 7 
Herrera, Luciano de, 9, 123 
Hester's Bluff. See St. John's Bluff 
Hewitt, John, 32 
Heyward, Thomas, Jr., 124 
Hillsborough township, 66, 68, 126, 138, 

148 
Holmes, John, 14, 15, 44, 48, 95, 97, 99, 

104, 127, 163, 164, 165 
Hospital, military, at St. Augustine, 17 
Howe, Gen. Sir William, 110, 111, 113, 

115, 118 
Howe, Maj. Gen. Eobert, 121, 122 
Hume, James, 104, 126, 146, 147, 162, 163 

Indians in East Florida: relations with 
Spaniards, 20; relations with British 
under Governor Grant, 20-25; Indian 
presents, 24; Indian traders, 25-26; 
fund for Indian presents, 35, 38 ; deal- 
ings with Bryan, 88-89, 93-94; in 
Eevolutionary War, 113-114, 120-121, 
123 ; at end of British regime, 138, 143, 
161 

Indigo, production and export of, 69, 72, 
77-78 

Jacksonville. See Cowford 

Johnston, Lewis, Jr., 125, 126-127, 163, 

164 
Johnstone, George, governor of West 

Florida, 28, 141 
Jollie, Martin, 43, 70, 95, 106, 163, 164 

Keith, Viscount. See Elphinstone, Capt. 

Keith 
Kennedy, Beverend John, 31, 32 
Kinloch, Francis, 44, 59, 163 
Knox, Eobert, 35 
Knox, William, 10, 12, 24, 35, 39, 40, 60- 

61, 72, 141 

Land grants, 53-62; grantees, 59-61; 

during Eevolution, 126 ; land tax, 133 
Laurens, Henry, 13, 67, 76 
Leadbeater, Eeverend John, 31, 32, 83 
Legislation by assembly, 128-129, 132- 

134. 160-161 



234 



Index 



Lempriere, Clement, 107 

Leslie, John, 145, 147, 164 

Leslie, Lt. Gen. Alexander, 109, 135, 136 

Letters of marque, 100, 114 

Levett, Francis, Jr., 90, 97, 164, 165 

Levett, Francis, Sr., 44, 60, 66, 71, 76, 

163, 164 
Licenses to sell liquors, 44-45, 48-49, 

138, 160 
Lofthouse, Alvara, 76, 107 
Lord, Benjamin, 163, 164 
Loyalist refugees in East Florida, 125- 

126, 136-137, 141, 147, 160 
Loyalists of East Florida, compensated 

by British government, 148 



Moore, Philip, 113, 164, 165 
Mosa, Fort, 26-27 
Moultrie, Alexander, 124 
Moultrie, James, 14, 15, 44, 162 
Moultrie, John, lieutenant governor of 
East Florida, 13, 14, 15, 16, 39, 43, 44, 
84, 86, 95, 97, 104, 109, 118, 127; as 
lieutenant governor, in conflict with 
Drayton, 45-49; planter, 68-69, 76; 
later life, 149 
Moultrie, William, 119 
Mowbray, John, 100, 114, 119, 164 
Mulcaster, Frederick George, 32, 33, 44, 

53, 91, 95, 99, 126, 163, 166 
Musketo. See New Smyrna 



McArthur, Lt. Col. Archibald, 108, 118, 
132, 138, 143, 146 

McGirtt, Daniel, 110, 146 

Mcintosh, Fort, 120 

Mcintosh, Gen. Lachlan, 120 

"Magna Carta" for East Florida, 129- 
130, 132 

Man, Spencer, 76, 87, 96, 102, 105-106, 
116, 164, 165 

Marshall, Abraham, 70, 93, 96 

Masonic Lodge in East Florida, 45 

Matanzas, Fort, 26-27, 108 

Matanzas Eiver, 17, 27 

Menzies, Archibald, 72 

Military matters in East Florida : mili- 
tary government, 9; hospital, 17; es- 
cort at Picolata congress, 21; relations 
between military and civil powers, 26, 
28-30, 110-113, 116-118, 122-123; 
military establishment, 26-28, 107- 
108, 138, 166; headquarters of South- 
ern District at St. Augustine, 27-28, 
108; barracks, 30-31; use of Indians, 
113-114; fortifications at St. Augus- 
tine, 116-117, 160; operations in war, 
118-123 ; evacuation of garrison, 135, 
138, 143 

Militia, 109, 128-129, 160, 161 

Minorcans, 64, 71-72, 106, 123, 147, 148 

Mitchell, John, 51 

Moira, Earl of, 60, 66, 148 

Moncrief, James, Engineer, 32, 70, 96, 
116-117, 166 



Naval officer, 73, 75, 76, 165 

Naval operations, 114-115, 119, 121-123 

Naval stores, exports of, 79 

Negroes: Anabaptist congregation 
among, in St. Augustine, 31; slaves, 
61, 64, 66-67, 71, 74, 76 ; employed on 
military works, 116, 129 ; numbers 
brought in during Revolution, 126, 
136-137; trial of, bill for, 130-133, 
160, 161 

New Hanover, 4-5 

New Providence, Bahamas, 10, 26, 28, 
124, 139-140, 142, 143, 144, 146, 147, 
148 

New Smyrna: military post at, 27, 108, 
124; Roman Catholic priests at, 31; 
subsidy for, 40 ; Dr. Turnbull's colony, 
66, 71-72, 106, 109 

Nova Scotia, 28, 29, 34, 35-36, 42, 45, 
57, 59, 86, 143, 147 

Officials, 19-20, 162-166 
Ogilvie, Maj. Francis, 7-9, 28-29 
Oranges, production and export of, 70, 

78 
Osborne, George, 100, 114 
Oswald, Richard, 60-61, 67, 69-70, 76 
Owen, William, 44, 47, 48, 126, 162, 163, 

165 

Palatka, 71 

Panton, William, 26, 104, 125 

Parliament, supremacy of, 128-129 



Index 



235 



Peace of Paris, 1763, 5; 1783, 132, 140- 
141 

Penman, James, 60, 71, 76, 87, 90, 96, 
102, 105-106, 112, 116, 136 

Pensacola, 27, 156 

Picolata, Fort, 24, 25, 26-27; Indian con- 
gresses at, 21-23 

Pilots, 40, 160 

Pitt, William, Earl of Chatham, 4, 6 

Police Act, 132 

Population: numbers, origins, 64-66; 
during Revolution, 125-126, 136-137; 
after restoration of Spanish rule, 147 

Postal service, 18, 164 

Press in St. Augustine, 139 

Prevost, Lt. Col. Augustine (later Brig- 
adier General), 7, 108-112, 117-123 

Prevost, Maj. James Mark, 108, 112, 118, 
120-123 

Privy Council and land grants, 54. 58 

Proclamation of October 7, 1763, 12, 25, 
54 

Providence. See New Providence 

Provincial regiments in East Florida, 
112, 138 

Puente, Juan Josef Elixio de la, 8; 
Josef de la, 124 

Quebec, province of, 12, 28, 35, 41, 42, 

45, 59, 87, 96, 98 
Quit rents, 54-56 

Eandall, William, 73, 163 

Rangers, East Florida: Drayton's opin- 
ion of, 101; depredations, 103; organ- 
ized, 110 ; relations with regulars, 110- 
112, 138; uniforms and expenses, 115; 
operations, 120-123 

Rice, production and export of, 69, 78 

Roads, 40, 68, 129 

Roberts, J. C, 162 

Robertson, Lt. Col. James, 8, 10, 60 

Rolle, Denys, and Rollestown, 50-51, 60- 
61, 71 

Roman Catholic Church in East Florida, 
5, 31, 72, 123 

Romans, Bernard, 40, 50, 52, 61, 67, 72 

Roupell, George, 162, 163 

Royal North Carolina Regiment, 112 



St. Augustine, 3, 4 ; occupied by British, 
7; condition in 1763, 8; Spaniards 
evacuate, 8; Spanish property in, 9, 
17; condition during British rule, 16- 
17; society in, 17; bar of harbor, 17, 
18, 74 ; Indian visits, 23, 24, 25 ; mili- 
tary station, 26-28; church, 31; sea 
wall, 47; tippling houses, 48; popula- 
tion, 64 ; Minorcans, 72 ; shipping, 75- 
76, 154-158; fortifications, 116-117, 
160 ; conditions during influx of loyal- 
ists, 138-139; conditions during evac- 
uation, 143 

St. John (Prince Edward Island), 35-37, 
42, 58 

St. John's Bluff, 108, 126, 128, 138, 
148 

St. John's River, 11, 16, 21, 22, 24, 25, 
52 ; settlements on, 58, 70-71, 109, 136 

St. Mark's, Apalache. See Apalache 

St. Marks, Fort. See Castillo de San 
Marcos 

St. Mary's River, 4, 12, 23, 52, 64, 66, 71, 
109, 138, 148; harbor, 74-75, 115, 117, 
119, 126, 143, 144, 146, 165 

St. Sebastian's Creek, 17, 25 

Salaries of officials, 37 

Sanchez, Pontio, 111 

Savannah : Indian trade, 25 ; British cap- 
ture of, 107, 108, 123; evacuation, 
135, 136; shipping, 155 

Schoepf, Johann David, 52, 143 

Schoolmasters, 31-32, 37, 166 

Scopholites, 112 

Scottish settlers, 66 

Seal of East Florida, 18-19 

Secretary of state for Southern Depart- 
ment, 18 

Seminoles, 175. See Indians 

Senegambia, 35-37, 42 

Settlement of East Florida, 57-72, 129; 
during Revolution, 126, 160 

Seymour, Reverend James, 31 

Shelburne, Earl of, 11, 106, 140, 141 

Silk, bounties for, 35 

Skinner, Alexander, 24, 39, 69, 113, 164, 
165 

Smyth, John Ferdinand Dalziel, 51-52 

Society in St. Augustine, 17-18 



236 



Index 



Society for the Propagation of the Gos- 
pel, 31 

South Carolina, 3-4, 13, 14, 59, 66; pa- 
triots imprisoned at St. Augustine, 
124; loyalist refugees from, 125, 136- 
137 

South Carolina Eoyalists, 112 

Spain: empire in North America, 3-5; 
rule in Florida before 1763, 4, 8; evac- 
uation of East Florida, 8, 9 ; Spaniards 
in St. Augustine during British rule, 
9; Spanish fishermen visit British 
Florida, 20; land titles, 53; intrigues 
during Bevolutionary War, 123-124; 
negotiations in 1782, 140-141; Spanish 
rule restored in East Florida, 145-146, 
148 ; population after restoration, 147 

Spalding, James, 25 

Stamp duties, 34 

Statehouse, St. Augustine, 17, 40, 124 

Stork, Dr. William, 50, 58, 61, 76 

Stuart, John, superintendent of Indian 
affairs in the Southern District, 14, 20— 
22, 24, 60, 84, 91, 95, 99, 113, 125, 126, 
163 

Sugar, production of, 69-70 

Sunbury, Georgia, 25, 119, 123 

Survey of lands, 52-53, 67 

Suspension of officials, 20, 47-48, 53, 91- 
92, 94-95, 97, 103-104, 127 

Tampa, Bay of, 3, 20, 52, 141 

Tayler, Col. William, 29-30, 60 

Theater in St. Augustine, 139 

Tonyn, Fort, 121, 122 

Tonyn, Patrick, governor of East Flor- 
ida: planter, 60-61, 69, 148; biog- 
raphy, 83; arrival in East Florida, 
83 ; character, 83-84 ; attitude towards 
Drayton, 84-85; suspends Drayton, 
88-95; suspends Turnbull, 96-97; re- 
buked by Germain, 98-99; Turnbull's 
charges against, 99, 106; misconduct 
charged by Drayton, 103, 111; sus- 
pends Drayton for second time, 103- 
104 ; organizes Eangers, 110 ; relations 
with Indians, 113-114; assembles pro- 
vincial navy, 114—115, 119; criticized 
by Col. Fuser, 116 ; relations with Pre- 



vost, 110-112, 117-118, 122-123; plans 
to summon assembly, 125, 127; invites 
loyalists to province, 125-126; opens 
First Assembly, 128; dissolves it, 131; 
opens Second Assembly, 132; dissolves 
it, 134; supervises evacuation, 142- 
146 ; relations with Governor Zespedes, 
145-146; reaches England, 146-147; 
later life, 149 

Trade of East Florida, 75-79, 141, 153- 
159 

Troops in East Florida, 7, 27-28, 107- 
108, 138, 143 

Turnbull, Dr. Andrew, 44, 46, 60-61, 66, 
76, 105, 148, 162, 164; New Smyrna 
colony, 71-72, 106; opposed to Tonyn, 
87; presides at meeting at Wood's 
Tavern, 96-97; suspended as secre- 
tary, 97; reinstated, 99, 106; later 
career, 106 

United States' acquisition of Florida: 
British land titles, problem of, 148 

Viaud, Pierre, 32, 40 

Vice-admiralty, Court of, 16, 19, 127, 165 

Wallace, James, 76 

War of American Independence in East 
Florida: capitulation of East Florida 
recommended, 102; impact of, 107- 
110; use of Indians, 113-114; naval 
operations, 114-115; operations in 
1776, 119, in 1777, 119-121, in 1778, 
121-122; British invasion of Georgia, 
122-123 

Wells, Dr. William Charles, 139 

Wells, John, Jr., 139 

West Florida : boundaries, 5-6 ; province 
created, 12; Indian affairs, 21, 26; 
military position, 27-28; finance, 35- 
36; Assembly, 41-42; politics, 46, 96; 
land grants, 58-59; in war, 124; Peace 
of 1783, 140-141 

Wheelock, Anthony, 35 

Wilson, Lt. John, 117, 142 

Winnie tt, John, 137 

Wooldridge, Thomas, 20, 43, 56, 60, 163, 
165, 166 



Index 237 

Wright, Charles, 68, 125, 139 Yeats, David, 15, 19, 39, 56, 70, 97, 145, 
Wright, Jermyn, 66, 100, 125 147, 148, 162, 163, 164, 165, 213 

Wright, Sir James, governor of Georgia, Yonge, Henry, 125-127, 162, 163 

24, 89 

Writs of assistance, 74 Zespedes, Governor Manuel de, 9, 145-146 




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